This temporary policy supplement is an extension of the existing Title IX Sexual Misconduct Policy. It implements the DOE August 2020 Rules. If the Title IX Coordinator considers a report to be of a very serious asserted violation of the CCA Sexual Misconduct Policy, use this temporary supplement along with the Policy.

Very serious reports are those that upon completion of the intake, the Title IX Coordinator believes that if true, the case reasonably may lead to a final outcome of sanctions of expulsion, suspension of matriculation or of co-curricular activities, a change in college employment, and/or a permanent adverse finding of sexual misconduct on record with the College. Note: Interim/Support Measures may still be implemented at the discretion of the College as stated in the CCA Sexual Misconduct Policy.

Notice: Very serious reports require more detailed written notice. The Title IX Coordinator and/or the Deputy Title IX Coordinator will provide written notice to the parties who are known, including a statement of the allegations and details known at the time, such as names of those involved, the alleged conduct, the date, time and location of the incident; a statement of the policies and standard of evidence that will apply, namely, a preponderance of the evidence standard; a statement that the Respondent is presumed not responsible for the alleged conduct until a final determination is made by the appointed fact-finder(s); and a reminder that both parties will have the opportunity to review the investigative report and evidence prior to the hearing and an opportunity to bring an advisor/support person of their choice to the hearing. Both parties are sent a copy of the CCA Sexual Misconduct Policy and this supplement.

All very serious reports that proceed under this supplement will be investigated and an investigative report prepared as stated in Investigation section in the CCA Sexual Misconduct Policy, prior to a live hearing taking place.

In addition, for all very serious reports that will proceed under this supplement, prior to completion of the investigative report, the Title IX Coordinator and/or the Deputy Coordinator will send the investigative report to each party (and the party’s advisor/support person if requested) the evidence subject to inspection and review in an electronic or a hard copy, and the parties will each have ten (10) days to submit a written response, which the investigator will consider prior to completion of the investigative report.

Live Hearing: Very serious reports proceed to a live hearing unless the report is to be resolved through an informal resolution process that is approved by the Title IX Coordinator. The Title IX Coordinator shall make determinations of whether the case should proceed to a live hearing or whether it may be waived by mutual agreement, and will provide written notice to the parties.

In all matters that proceed to a live hearing, the hearing will take place in real-time, however, participants may be located in separate rooms using audio and/or video technology that allows simultaneous viewing and listening. The hearing fact-finder(s) shall decide who is allowed at the hearing and the order of the proceedings. The College may retain an external person(s) to be the neutral fact-finder(s).

The live hearing is held by the fact-finder(s) who is appointed by the Title IX Coordinator and who is not otherwise involved in the case. The person(s) will be appropriately trained. The fact-finder(s) will not have a conflict of interest or any bias for one side or the other.

All parties will receive 20 days or more notice of the date, time and location for the hearing, and a reminder of the equal opportunity for bringing an advisor/support person to the hearing.

At least ten (10) days before the hearing takes place, both the Complainant and the Respondent will have equal opportunity to review the investigative file with possible redaction of the names of third parties. This information will also be available at the hearing.

Each party’s advisor/support person will be permitted an opportunity to directly ask the other party and any witness who testifies, relevant questions and follow-up questions, including those challenging credibility, but only upon the advance approval by the fact-finder(s) and subject to their guidelines, if any. Direct questioning of any witness by a party is not permitted. If a party does not have an advisor/support person, they may inform the Title IX Coordinator in advance of the hearing, who will determine how to proceed. The fact-finder(s) will decide questions of relevance at the hearing.

Complainants and Respondents will be treated equitably. All relevant evidence at the hearing and in the hearing file will be objectively evaluated, including both inculpatory and exculpatory evidence. A determination will not be based on a party’s status as a Complainant, a Respondent, or a witness, or any preconceived notions or biases.

Within ten (10) business days of the live hearing, with extension as permitted by the Title IX Coordinator, the fact-finder(s) will provide a written determination to the Title IX Coordinator of whether or not the respondent is found responsible under this Policy, and may also include a recommendation for sanctions or remedies.

The Title IX Coordinator will thereafter send the parties (simultaneously) a written Outcome Letter as stated in the University’s Sexual Misconduct Policy. The range of possible disciplinary sanctions or remedies that may follow a determination of responsibility are stated in the College’s Sexual Misconduct Policy.

Both the Complainant and the Respondent will then have an equal opportunity for appeal of the determination as set forth in Section X. of the CCA Sexual Misconduct Policy.

Records: An audio or audiovisual recording or transcript of the live hearing will be created. The Title IX Coordinator will receive and retain records of the case including the interim and the supportive measures, if any. If no such measures were provided, the College will document the reasons why. The Office of the Title IX Coordinator will also maintain materials used to train any staff of the College who are appointed to serve as investigator(s), fact-finder(s) or in any other role related to this Policy. Requests for inspection of such records may be directed to the College’s designated Title IX Coordinator.

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