- Title IX Coordinators
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Title IX Policy
- Title IX Non-Discrimination Policy And Grievance Procedures For Complaints Of Sex-Based Harassment Involving Students
- Title IX Non-Discrimination Policy And Grievance Procedures For Complaints Of Sex Discrimination (Not Sex-Based Harassment) By Students
- Title IX Non-Discrimination Policy and Grievance Procedures for Complaints of Sex Discrimination by Employees and Other Individuals
Policy Title: | Title IX Non-Discrimination Policy And Grievance Procedures For Complaints Of Sex Discrimination (Not Sex-Based Harassment) By Students |
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Policy Custodian: | Human Resources |
Policy Approval: | Title IX Coordinator & Vice President for Human Resources |
Revision Date: | 7/31/2024 |
Effective Date: | 8/1/2024 |
Title IX Non-Discrimination Policy And Grievance Procedures For Complaints Of Sex Discrimination (Not Sex-Based Harassment) By Students
Baker College (“Baker” or the “College”) does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admissions and employment. Baker College has adopted Title IX grievance procedures that implement this Policy and that provide for the prompt and equitable resolution of Complaints made by students, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.
The grievance procedures in this Policy address complaints of sex discrimination involving students that do not involve (1) sex-based harassment; or (2) other sex discrimination, including sex-based harassment, where a student is not a party.
Complaints of sex discrimination not involving students are addressed under the College’s Title IX Non-Discrimination Policy and Grievance Procedures for Complaints of Sex Discrimination Involving Employees or Other Individuals. Complaints of sex-based harassment involving a student party are addressed under the College’s Title IX Non-Discrimination Policy and Grievance Procedures for Complaints of Sex-Based Harassment Involving Students. Also, complaints of sex discrimination where a student is the respondent, credibility is an issue, and a finding of sex discrimination could result in serious discipline will be entitled to use the grievance procedures in the College’s Title IX Non-Discrimination Policy and Grievance Procedures for Complaints of Sex-Based Harassment Involving Students.
Sex Discrimination Covered By This Policy
Baker College prohibits Sex Discrimination in all programs and activities that the College operates. This Policy does not cover sex-based harassment. Sex-based harassment is a form of sex discrimination, which means harassment on the basis of sex – including harassment on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity – that falls within one of the following categories:
- Quid pro quo harassment. An employee, agent, or other person with authority to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditions 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 College’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
- The degree to which the conduct affected the complainant’s ability to access the College’s education program or activity;
- The type, frequency, and duration of the conduct;
- The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
- The location of the conduct and the context in which the conduct occurred; and
- Other sex-based harassment in the College’s education program or activity; or
- Specific offenses, including:
- Sexual Assault
- Dating or Domestic Violence
- Stalking
Sex discrimination is covered by this Policy when it occurs under the College’s education program or activity in the United States. This includes Conduct that occurs in a building owned or controlled by a student organization that is officially recognized by Baker College and conduct that is subject to the College’s disciplinary authority.
Reporting and Response Procedures
I. Reporting Concerns about Conduct That May Be Sex Discrimination
Baker College encourages anyone who believes that they have been subjected to Sex Discrimination (or has knowledge of another person being subjected to Sex Discrimination) in connection with the School’s programs or activities to promptly report their concerns to the College. The nature of the College’s response will depend upon whether the report is made to a “confidential employee” or another College employee.
- Reports to a “Confidential Employee.” Reports made to a “confidential employee” will not be shared with the Title IX Coordinator or other school officials, unless required by law. Nor will the report be shared with other individuals without express permission of the reporting person or the person about whom the report pertains, unless required by law. After receiving a report about conduct that may reasonably constitute sex discrimination, the confidential employee will share information with the reporting person about Title IX and its regulations, including the confidential employee’s status, how to contact the Title IX Coordinator, how to make a complaint, and how to obtain additional information about possible supportive measures and options for resolution.
- Baker College does not designate any position as a confidential employee.
- Reports to College Employees with Authority to Institute Corrective Measures or Responsibility for Leadership, Teaching or Advising. If a non-Confidential Employee who has authority to institute corrective measures on behalf of Baker College or who has responsibility for administrative leadership, teaching, or advising, receives information about conduct that may reasonably constitute Sex Discrimination, that person must report that information to the Title IX Coordinator.
- Reports to All Other College Employees. All other employees not covered by the paragraphs I.A or I.B may either notify the Title IX Coordinator or provide the contact information of the Title IX Coordinator and information about how to make a Complaint to any person who informs that employee about conduct that may reasonably constitute Sex Discrimination.
- Reports to the Title IX Coordinator. When the Title IX Coordinator receives a report about conduct may reasonably constitute sex discrimination, the Title IX Coordinator will be responsible for coordinating the College’s response in a fair and equitable manner, consistent with Title IX and its regulations.
- The College’s Title IX Coordinator is Voula Erfourth, Ph.D., Vice President for Student Success & Engagement and they may be reached at: 1020 S Washington St, Owosso, MI, 48867; or by email at [email protected]; or by phone at 989-729-3406.
- Other Reporting Obligations. Reports of conduct that may constitute sexual discrimination may trigger other reporting obligations of the College, even when reports are made to a Confidential Employee. This may include the following:
- Board of Directors. [Pursuant to Michigan statute, the Title IX Coordinator is required to share aggregated, non-personally identifiable information regarding the scope and frequency of behaviors covered by this Policy with the Board of Directors.]
- Clery Act. Pursuant to the Clery Act, Campus Security Authorities (CSAs) must report information regarding campus crimes to [Campus Safety] for record-keeping purposes. This information may be de-identified to protect privacy. In doing so, CSAs will not share personally identifying information without the permission of the person disclosing the information or about whom the information pertains.
- Grant Reporting. To comply with the requirements of federal granting agencies, upon receiving information about certain conduct that may reasonably constitute Sex Discrimination, the Title IX Coordinator must provide the [research office] with an employee Respondent’s name, department, and college, so [research office] may review whether the Respondent is eligible to serve as a Principal Investigator (PI) or co-PI. [Equity office] will inform the Respondent of this disclosure to [research office] as required by its reporting procedures.
- Child Protection Law. When an employee with mandatory reporting obligations under Michigan’s Child Protection Law (e.g, counselors, instructors, administrators) receives information about suspected abuse of a minor by a person responsible for the child’s health or welfare (e.g., parent/guardian, clergy member, teacher), the employee must notify child protective services.
II. The College’s Response to Reports About Conduct That May Reasonably Constitute Sex Discrimination
- The Title IX Coordinator’s Initial Response. When the Title IX Coordinator becomes aware of conduct that may reasonably constitute sex discrimination, the Title IX Coordinator will take the following actions:
- Provide the “complainant” (i.e., the person who is alleged to have been subjected to sex discrimination) or the person who made the report, if the complainant’s identity is unknown, with information about the Title IX process and possible options for resolution, including:
- The availability of “supportive measures” for complainant, as described below;
- The right to make a “Complaint” that would trigger the College’s grievance procedure, which is an oral or written request that could objectively be understood as a request for the College to investigate and make a determination about alleged sex discrimination;
- The option for informal resolution, if available and as described below;
- If a Complaint is made, provide the “respondent” (i.e., the person who is alleged to have violated the College’s prohibition on sex discrimination) or the respondent’s parent, guardian or legal representative, with information about the Title IX process and possible options for resolution, including:
- The availability of “supportive measures” for respondent, as described below.
- The grievance procedures;
- The option for informal resolution, if available and as described below.
- If a report made to the Title IX Coordinator does not trigger the grievance procedures (e.g., no complaint was made, the complaint allegations were withdrawn, no informal resolution process was elected), the Title IX Coordinator will determine whether to initiate a complaint that will trigger the grievance procedures. In making this determination, the Title IX Coordinator will consider multiple factors, including the complainant’s wishes; the complainant’s reasonable safety concerns; the risk of additional acts of sex discrimination if the grievance procedures are not initiated; the severity and scope of the allegations of sex discrimination; the age and relationship of the parties; the availability of evidence; and whether the College could end the alleged sex discrimination and prevent its recurrence without initiating the grievance procedures.
- If the Title IX Coordinator initiates the complaint and grievance procedures, the Title IX Coordinator will first notify the complainant and address reasonable concerns about the safety of complainant or others, including by providing supportive measures.
- Provide the “complainant” (i.e., the person who is alleged to have been subjected to sex discrimination) or the person who made the report, if the complainant’s identity is unknown, with information about the Title IX process and possible options for resolution, including:
- Supportive Measures, Emergency Removal and Administrative Leave. The Title IX Coordinator will be responsible for coordinating supportive measures and removals.
- Supportive Measures. “Supportive measures” are supports that the College may provide, as appropriate, to restore or preserve the complainant’s and respondent’s access to Baker College’s education program or activity. Supportive measures may be available to the complainant even if the complainant does not make a Complaint that triggers the grievance process. Supportive measures may be available to the respondent if either the grievance procedures have been triggered or informal resolution process has been offered.
- Supportive measures may include, but are not limited to counseling, extensions of deadlines and other course-related adjustments; campus escort services; increased security or monitoring of certain areas of campus; restrictions on contact; leaves of absence; changes in class, work, housing, or other extracurricular or any other activity, and training and education programs related to sexual harassment. Supportive measures are not disciplinary or punitive, and may not unreasonably burden either party.
- If a party disagrees with a decision to provide, deny, modify or terminate supportive measures applicable to them, the party may submit a written request to the Title IX Coordinator challenging the decision. The Title IX Coordinator will designate an impartial employee (other than the person who made the initial decision) to evaluate the party’s challenge and decide whether to modify or reverse the decision. The impartial employee’s decision is final, except that a party may seek additional modification or termination of supportive measures applicable to them if circumstances change materially.
- Supportive measures may be available, as appropriate, through any grievance procedure or informal resolution process; following resolution, supportive measures may terminate or remain in place.
- Supportive measures offered to the parties are confidential and may not be disclosed, except as necessary to provide the supportive measure or restore or preserve a party’s access to the College’s education program or activity.
- Emergency Removals. Removal of a student-respondent from the College’s education program or activity is only permitted on an emergency basis, and may only occur after the College undertakes an individualized safety and risk analysis, and determines that an imminent and serious threat to the health and safety of a complainant or others arising from the allegations of sex discrimination justifies removal. If the College determines that an emergency removal is justified, the College must provide notice to the respondent and an opportunity to challenge the decision immediately following the removal. Any such challenge should be submitted to the Title IX Coordinator, who will be responsible for designating an impartial employee (other than the employee who made the initial decision) to evaluate and make a decision on the respondent’s challenge.
- Administrative Leave. The College may place an employee-respondent on administrative leave pending completion of the grievance procedures.
- Supportive Measures. “Supportive measures” are supports that the College may provide, as appropriate, to restore or preserve the complainant’s and respondent’s access to Baker College’s education program or activity. Supportive measures may be available to the complainant even if the complainant does not make a Complaint that triggers the grievance process. Supportive measures may be available to the respondent if either the grievance procedures have been triggered or informal resolution process has been offered.
III. Complaints of Sex Discrimination Triggering the Grievance Procedures
An oral or written request that could objectively be understood as a request for the College to investigate and make a determination about alleged sex discrimination is considered a “Complaint” that triggers the Title IX grievance procedures.
- Persons Who May Make a Complaint of Sex Discrimination: The following people have a right to make a complaint of sex discrimination, requesting that Baker College investigate and make a determination about alleged discrimination under Title IX:
- A Complainant;
- A parent, guardian, or other authorized legal representative who has the legal right to act on behalf of a Complainant;
- The College’s Title IX Coordinator;
- Any student or employee of Baker College; or
- Any person other than a student or employee who was participating or attempting to participate in Baker College’s education program or activity at the time of the alleged sex discrimination.
Baker 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 so long as consolidating them does not violate FERPA.
Grievance Procedures
I. Basic Requirements
Baker College will treat Complainants and Respondents equitably. The Title IX Coordinator, investigator, or decision maker may not have a conflict of interest or bias for or against Complainants or Respondents, generally, or for or against an individual Complainant or Respondent. A decision maker may be the same person as the Title IX Coordinator or investigator.
Baker 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.
Baker College has established the following timeframes for the major stages of the grievance procedures:
- Evaluation: Within five calendar days of receiving a Complaint, the Title IX Coordinator will evaluate the Complaint to determine whether it should be dismissed or investigated.
- Investigation: Within forty-five calendar days of receiving a Complaint, the investigation will be completed.
- Determination: Within sixty calendar days of receiving a Complaint, a determination will be issued.
- Appeal: Within five calendar days after a determination is issued, parties may submit a written appeal as set forth in Section VIII, below. The other party will be allowed five calendar days to respond. A decision will be made on the appeal within ten calendar days after the appeal is received.
If it determines that reasonable cause for extension exists, Baker College may extend these timeframes on a case-by-case basis for good cause by providing notice to the parties that includes the reason for the delay. Baker College will notify the Parties of the extension via college email.
Baker College will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties shall not engage in retaliation, including against witnesses.
Baker 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 Baker 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 Baker College obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures [1]; and
II. Notice of Allegations
Upon initiation of Baker College’s Title IX grievance procedures, and with sufficient time for the parties to prepare a response before any initial interview, Baker College will notify the parties of the following:
- Baker College’s Title IX grievance procedures and any 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 Discrimination and the date(s) and location(s) of the alleged incident(s);
- Retaliation is prohibited;
- The parties are entitled to an equal opportunity to access the relevant and not otherwise permissible evidence or an accurate description of the evidence. If the College provides a description of the evidence, the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.
If, in the course of an investigation, Baker 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, Baker College will notify the parties of the additional allegations.
III. Dismissal of a Complaint
Baker College may dismiss a Complaint of Sex Discrimination if:
- Baker College is unable to identify the Respondent after taking reasonable steps to do so;
- The Respondent is not participating in Baker College’s education program or activity and is not employed by Baker College;
- The complainant withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a Complaint, and Baker 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
- Baker College determines the conduct alleged in the Complaint, even if proven, would not constitute Sex Discrimination under Title IX.
Before dismissing a Complaint, Baker College will make reasonable efforts to clarify the allegations with the Complainant.
Upon dismissal, Baker College will promptly notify the Complainant of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then Baker College will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously in writing.
Baker College will notify the Complainant that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of the Complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then Baker College will also notify the Respondent that the dismissal may be appealed. on the same bases.
If the dismissal is appealed, Baker College will:
- Notify the parties 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;
- Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
- Notify the parties of the result of the appeal and the rationale for the result.
When a complaint is dismissed, Baker 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 Baker College’s education program or activity.
IV. Investigation
Baker College will provide for adequate, reliable, and impartial investigation of complaints.
The burden is on Baker College—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred. Baker 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.
Baker College will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. Baker 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, in the following manner:
- Baker College will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If Baker College provides a description of the evidence, the College will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
- Baker College will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
- Baker 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.
V. Questioning the Parties and Witnesses
Typically, the person who investigates the complaint will be the same person who makes the determination of whether sex discrimination occurred. In the event a different person must make the determination (e.g., the investigator becomes unavailable or develops a conflict), prior to making the determination, the decision maker will question the parties and witnesses, either in writing or orally, in order to adequately assess a party’s or witness’s credibility. This questioning is only required to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.
VI. Determination Whether Sex Discrimination Occurred
Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, Baker College will:
- Use the preponderance of the evidence [or, if applicable, clear and convincing] standard of proof to determine whether Sex Discrimination occurred. The standard of proof requires the decision maker to evaluate relevant, permissible evidence for its persuasiveness. If the decision maker is not persuaded by the evidence, under the applicable standard, that Sex Discrimination occurred, whatever the quantity of the evidence, the decision maker will not determine that Sex Discrimination occurred;
- Notify the parties in writing of the decision maker’s determination, including procedures and permissible basis for the Complainant and Respondent to appeal.
- 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, the Title IX Coordinator will, as appropriate:
- Coordinate the provision and implementation of remedies to a Complainant and other people Baker College identifies as having had equal access to Baker 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 Baker College’s education program or activity.
- Comply with the grievance procedures before the imposition of any disciplinary sanctions against a Respondent; and
- Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the final determination whether Sex Discrimination occurred. College may address false statements by initiating a disciplinary process under the Code of Conduct or other relevant policies if there is evidence independent of the determination whether Sex Discrimination occurred.
VII. Disciplinary Sanctions and Remedies
Following a determination that sex discrimination occurred, Baker College may impose disciplinary sanctions, which may include discipline ranging from a verbal warning up to and including expulsion, termination of employment, or exclusion from the College’s programs and activities.
Baker College may also provide remedies, which may include 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 housing, class schedules and extracurricular activities to ensure the complainant and respondent are separated; 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 discrimination and the misconduct; providing reimbursement for professional counseling services; making tuition adjustments; and any other remedies the College deems appropriate.
VIII. Appeal of Determination
Baker College offers the following process for appeals from a determination whether sex discrimination occurred:
If either party disagrees with the determination, the party may submit a written appeal following the appeal process for formal complaint grievances. Details can be found at my.baker.edu, Get Help, Concern & Complaints, Baker College Formal Complaint Policies. The appeal should describe the reason why the party believes the determination was incorrect.
Informal Resolution
In lieu of resolving a complaint through Baker College’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. Baker College does not offer informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student, or when such a process would conflict with Federal, State, or local law.
Definitions
Complaint: an oral or written request to College that objectively can be understood as a request to investigate and make a determination about alleged discrimination under Title IX or in one of its education programs or activities.
Complainant: A student of Baker College who is alleged to have been subjected to conduct that could constitute Sex Discrimination under Title IX.
Confidential Employee: Baker College does not designate any position as a confidential employee.
Conduct Subject to the School’s Disciplinary Authority: This includes, but is not limited to, conduct that occurs on school property; through use of school property (e.g., during online learning or when using the College’s network or computer systems); at school-sponsored events or activities; and in off-campus settings, if the conduct is sufficiently serious or severe that it could contribute to a hostile environment within its programs or activities. This includes conduct that occurred outside of the United States if that conduct is alleged to be contributing to a hostile environment in Baker College’s education program or activity.
FERPA: Family Education Rights and Privacy Act; 20 U.S.C. § 1232g, et seq.
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 Baker College’s education program or activity.
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 Baker College’s education program or activity;
- The type, frequency, and duration of the conduct;
- The parties’ ages, roles within the Baker College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
- The location of the conduct and the context in which the conduct occurred; and
- Other Sex-based Harassment in the Baker College’s education program or activity.
Quid Pro Quo harassment: An employee, agent, or other person with authority to provide an aid, benefit, or service under the Baker College’s education program or activity explicitly or impliedly conditions the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
Preponderance of the Evidence: The greater weight of the evidence; not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other. [2]
Respondent: a person who is alleged to have violated Baker College’s prohibition on Sex Discrimination.
Sex-based Harassment: a form of Sex Discrimination, which includes quid pro quo, hostile environment harassment, and certain, specific offenses referenced in 34 C.F.R. § 106.2. Not all Sex Discrimination is Sex-based Harassment.
Sex Discrimination: Discrimination on the basis of sex, which includes sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Sex Discrimination includes, but is not limited to, Sex-based Harassment.
Supportive Measures: 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 Baker College’s education program or activity, including measures that are designed to protect the safety of the parties or Baker College’s educational environment; or
- Provide support during Baker College’s grievance procedures or during the informal resolution process.
Title IX: Title IX of the Education Amendments of 1972 (Pub. L. 92–318; 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688, 1689), as amended.
Title IX Coordinator: the employee who has been designated to coordinate the College’s efforts to comply with its responsibilities under Title IX.
References
- Medical and counseling records of a Complainant or Respondent are privileged, confidential records that individuals are not required to disclose. However, these records may contain information that is related and material to the Complaint. During the Grievance Process, a Party may voluntarily choose to share such records with the investigator. Any records provided by a Party become part of the file, and any relevant information will be made available for review by the other Party and their Advisor, if applicable. All participants in the Grievance Process agree to keep any such information confidential unless its disclosure during the hearing or hearing preparation is necessary to make a good faith argument in support of their position.
- Preponderance Of The Evidence, Black’s Law Dictionary (11th ed. 2019).