Student Sexual/Gender-Based Misconduct Procedures

Before the initiation of an informal resolution process, the Title IX Coordinator will 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 the formal investigation and resolution process;
• That the parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the parties from initiating or resuming the formal investigation and resolution process arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
• What information the University will maintain and whether and how the University could disclose such information for use in its formal investigation and resolution process if it is initiated or resumed.

Not all informal resolutions will involve a facilitator. When they do, the facilitator’s role is to conduct the informal resolution process in a way that is impartial and does not favor one party over the other(s).

The facilitator has broad latitude to conduct the informal resolution in whatever way they deem appropriate and relevant to the parties’ concerns. If the facilitator believes at any point in the informal resolution process that one party is not behaving in a way that allows for a productive resolution between the parties, or should a conflict with the facilitator arise, either another facilitator will be appointed or the University will require that the informal resolution process be canceled and the matter may be addressed through the formal investigation and resolution process.

Each party may have a support person accompanying them to any informal resolution meeting. A support person can help a party understand or explain the issues under discussion or simply help the party feel more comfortable during the informal resolution process; this can be a friend, relative, a PCRG member or any other person that the party trusts. Support people cannot be anyone who has been involved in the facts and circumstances in the allegations in any way. The facilitator or Title IX Coordinator can exclude a support person if their presence is disruptive during the informal resolution process.

A party must let the Title IX Coordinator know in advance if they would like a support person to attend any meeting and the name of the support person and that person’s relationship to the party. The facilitator or Title IX Coordinator will check with the other party to confirm that such party agrees to continue with the informal resolution with the support person present.

Support can be provided in several ways. Support people do not necessarily have to be present in an informal resolution session; if preferred, they can be available in a nearby area and provide support during breaks.

Parties engaged in informal resolutions are permitted to retain advisors to help them in the process. The role of advisors in an informal resolution can be limited by the informal resolution facilitator and/or the Title IX Coordinator.

For the informal resolution process to have the best chance for success, the parties should be free to express themselves. As a result, the information received from the parties solely during the informal resolution process will be kept confidential by the facilitator, with limited exceptions, but the facilitator may share information as necessary, to enable the Title IX Coordinator to oversee the process in accordance with these procedures.

In addition, the facilitator will not be available as a witness in any formal investigation and resolution process that may occur should a party or the University terminate the informal resolution process before a resolution.

Should the matter proceed or be returned to the formal investigation and resolution process, the parties and any support persons may not disclose information shared by the other party solely during the informal resolution process in the formal investigation and resolution process. All parties participating in the informal resolution process must sign an agreement that provides that information revealed by a party solely in the informal resolution process will not be used against the other party in the formal investigation and resolution process. This protection does not apply to information that is learned outside the informal resolution process, through the investigation or otherwise.

A resolution is reached only if all parties agree and if the resolution is accepted by the Title IX Coordinator. The University imposes no restrictions on the possible outcomes reflected in a resolution so that the parties are free to fashion a resolution that meets their needs, subject to acceptance by the Title IX Coordinator. A resolution may include sanctions, up to and including expulsion/termination of employment, if the parties agree. For example, the parties may agree upon an educational conversation, prohibitions on co-enrollment or registration priorities for classes, boundaries for participation in campus activities, and/or restrictions on contact between or among the parties, among other terms of an informal resolution.

The facilitator (or, if a facilitator is not used, the Title IX Coordinator) will draft a document reflecting the agreement between the parties that becomes final once it is signed by all parties and accepted by the Title IX Coordinator. This written and signed resolution indicates that the matter has been resolved under this process without the need to pursue the formal investigation and resolution process.

After a written resolution has been finalized, the University will keep a record of the parties’ written consent to the informal resolution process and the written resolution. Results of informal resolution are not appealable.

The informal resolution process should proceed with due promptness. The University imposes no specified timeframe for the process but the facilitator or Title IX Coordinator may choose to terminate the informal resolution process (and either party may elect to terminate the process) if insufficient progress is being made.

If an informal resolution process does not result in an agreed-upon resolution, the formal investigation and resolution process may commence or resume.

The parties will receive a Notice of Allegations, in advance of any interview or other meeting they are required or entitled to attend. This Notice will include: 

1. To the extent known, the identities of the involved parties and the date, time, location and factual allegations concerning the alleged violation; 
2. the policy provisions allegedly violated; 
3. a description of the investigation and adjudication process; 
4. potential sanctions; 
5. the right to an advisor of their choice, who may be, but is not required to be, an attorney to assist and accompany them throughout the process, including during all meetings and hearings related to the process, as and to the extent provided in these procedures; 
6. the right to inspect and review evidence in accordance with these procedures;
7. notice that knowingly making false statements or knowingly submitting false information is prohibited under University policy. 
8. consistent with the preponderance of the evidence standard used to determine responsibility, notice that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the process; and
9. A statement about the University’s policy on retaliation.

If, in the course of the investigation, the University decides to investigate allegations that are not included in the notice initially provided to the parties, the Title IX Coordinator will provide notice of the additional allegations to the parties.

To the extent the Title IX Coordinator has reasonable concerns for the safety of any person as a result of providing the Notice of Allegations, the Title IX Coordinator may reasonably delay providing the Notice in order to address the safety concern appropriately. Reasonable concerns must be based on an individualized safety and risk analysis and not on mere speculation or stereotypes. In any event, the parties will receive the Notice with sufficient time to prepare a response before any initial interview.

The Complainant and Respondent will be provided with notice of the name of the appointed investigator(s) and an opportunity of not more than three business days after the notice to raise an objection to the investigator(s) based on any alleged bias or conflict of interest known to the party. If an objection is raised, the Title IX Coordinator will determine whether bias or conflict of interest in fact exists and necessitates the replacement of the investigator(s).

Investigation of Complaints will be completed within one-hundred and twenty (120) business days when reasonably possible, but an investigation may take longer when (among other things) the University is not in session. The University may, but shall not be obligated to, delay the process when criminal charges on the basis of the same behaviors that invoke this process are being investigated; such delays will not last more than ten calendar days except when law enforcement authorities specifically request and justify a longer delay. Both parties will be provided with written notice of any extension of the process beyond one-hundred and twenty (120) business days, and of the reason for the delay. University action will not be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

The timeframes of the major stages of the formal resolution process are estimated as follows in business days: 

• Intake: 5 days; 
• Investigation: 60 days; 
• Evidence and Draft Report Review/Response: 10 days;
• Investigative Report Review/Response and Notice of Hearing: 10 days; 
• Adjudication (including pre-hearing meetings and issuance of Notice of Outcome): 25 days; and 
• Appeal Process: 10 days.

The Title IX Coordinator may determine that cases where the allegations arise out of the same set of facts or circumstances should be consolidated for purposes of investigation and/or adjudication. Instances where consolidation of Complaints may occur include but are not limited to cross-Complaints by the parties against each other, multiple Complaints by a single Complainant against a Respondent, Complaints by multiple Complainants against one or more Respondents, or multiple Complaints by a single Complainant against multiple Respondents.

1) Participation in an Investigation Process

During the investigation, which is an impartial fact-finding process, the Complainant and the Respondent will have an equal opportunity to share information and request that witnesses be interviewed. However, at all times, the burden of gathering evidence remains with the University. In the absence of their consent, the Complainant and Respondent will not be interviewed together or be required to meet. The investigator(s) retain(s) discretion to determine how to conduct the investigation and may decline to interview any witness or to gather information the investigator(s) find(s) to be not relevant or otherwise excludable (e.g., sexual history of the Complainant with a person other than the Respondent, materials subject to a recognized privilege, medical records in the absence of a release by the subject of the records, etc.).

No unauthorized audio or video recording of any kind is permitted during investigation meetings or interviews. If the investigator(s) elect(s) to audio and/or video record interviews, all parties involved in the meeting or interview will be made aware that audio and/or video recording is occurring.

For purposes of these procedures (including all stages of the investigation and hearing processes), (a) “relevant” evidence and questions include any evidence and questions that are related to the allegations and may aid in showing whether Prohibited Conduct occurred, and (b) evidence that relates to the Complainant’s sexual interests, predisposition or prior sexual conduct is not relevant, 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 (for example, to demonstrate indicia of consent in previous encounters between the parties allegedly identical to purported indicia of consent in the incident in question).

In addition, the University will not access or use (i) evidence that is protected under a privilege as recognized by Federal or State law or evidence provided to a confidential resource, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege
or confidentiality in writing; and (ii) a party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the University obtains that party’s or witness’s voluntary, written consent for use in the investigation and adjudication process.

Unless the Title IX Coordinator has referred the case for determination pursuant to another University policy or procedure, authorized informal resolution, or dismissed the Complaint, a draft investigative report will be created and the Complainant and Respondent will be provided an equal opportunity to review the draft report and any evidence directly related to the allegations that is gathered in the investigation, regardless of whether the information will be relied on in reaching a determination.

Additionally at this stage in the process, upon the request of a party, the University will appoint, without fee or charge to that party, an advisor of the University’s choice who will be a licensed attorney to assist that party from and after this stage of the process (including for purposes of any subsequent hearing, and/or appeal[s]). Because the appointed advisor is to be selected by the University, the University will not pay or reimburse a party for the fees of an advisor of choice selected by the party (at any stage of the process). Prior to the conclusion of the investigative report, the Complainant and Respondent, and each party’s advisor, if any, will be provided a copy of the draft investigative report and the above-referenced evidence (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform, as determined in the sole discretion of the Title IX Coordinator), subject to redaction permitted and/or required by law. The Complainant and Respondent will be provided with at least ten (10) business days to submit a written response, which the investigator(s) will consider prior to completion of the final investigative report. Based on the parties’ written responses the investigator(s) will determine if additional investigation is necessary (and, if so, will complete any additional investigative steps), and will incorporate relevant elements of the responses and any additional relevant evidence into the report.

The investigative report will fairly summarize the relevant evidence; the report will not make conclusions as to responsibility, contain policy analysis, or render any recommendations as to findings or sanctions. The investigator(s) will not include information in the investigative report that the investigator(s) determine(s) not relevant or otherwise excludable. The investigator(s) will submit the final investigative report to the Title IX Coordinator who will then make it available to the parties for review.

At least ten (10) business days prior to a hearing to determine whether there is responsibility for the allegations, the Complainant and Respondent, and each party’s advisor, will be provided a copy of the final investigative report (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform, as determined in the sole discretion of the Title IX Coordinator) for their review and written response, subject to redaction permitted and/or required by law.

Absent extraordinary circumstances as determined by the Title IX Coordinator in consultation with the investigator(s), no party may introduce any new evidence not previously made available during the investigation in their response to the evidence and/or draft investigation report. This shall not preclude a party from including in their response assertions as to the meaning of existing evidence, even if those assertions were not articulated during the investigation. In considering whether to permit introduction of new evidence based on extraordinary circumstances, the Title IX Coordinator may consider factors including but not limited to (a) the significance of the proposed evidence, and (b) the reason the evidence was not produced during the investigation. If the Title IX Coordinator decides to authorize acceptance of new evidence on this basis, the Title IX Coordinator may (but shall not be required to) authorize the investigator(s) to reopen the investigation and take such further investigative steps as the investigator(s) deem(s) necessary or advisable.

The Title IX Coordinator will appoint a hearing panel consisting of a hearing panel Chair who may be an external adjudicator or a PCRG member and two additional panel members who are members of the PCRG. All panel members will be checked for conflicts of interest. In cases involving faculty parties or staff parties, the Title IX Coordinator will make reasonable efforts, subject to availability and screening for conflicts, to appoint a hearing panel including at least one faculty member for cases involving faculty parties and at least one staff member for cases involving staff parties.

PCRG members who served as investigators or as advisors to the Complainant or Respondent may not serve as hearing panel members. A hearing before the panel will be convened not less than ten (10) business days after the parties have been provided access to the final investigative report, for the purpose of determining whether the Respondent is responsible or not responsible for the allegation(s).

The Title IX Coordinator will notify the parties in writing of the date, time, and location of the hearing, the names of the hearing panel members, and how to challenge participation by any hearing panel member for bias or conflict of interest.

Participants in the hearing will include the members of the hearing panel, the Complainant and the Respondent, their respective advisors, the investigator(s) who conducted the investigation, and witnesses (solely during their own testimony). Hearings are private. Observers or additional support personnel, other than the parties’ advisors, are not allowed unless deemed necessary by the Title IX Coordinator for purposes such as accommodation of a disability or language translation. Witnesses are not permitted to bring an advisor or other person to the hearing, absent an approved disability accommodation or a need for a translator. The hearing panel may be advised by and/or consult with the University’s legal counsel as the hearing panel Chair deems necessary or appropriate. Hearings will be recorded by the University. Cell phones and/or recording devices may not be used for the purposes of recording by the parties or their advisors in the hearing room(s).

Hearings may be conducted with all parties physically present in the same location or, at the Title IX Coordinator’s discretion, any or all parties, witnesses, and other participants may appear at the hearing virtually, with technology enabling the hearing panel and the parties to simultaneously see and hear any party or witness while speaking. If either party so requests, the hearing will be conducted with the parties located in separate rooms using technology as described in the preceding sentence.

The Title IX Coordinator may postpone the hearing for good cause as determined by the Title IX Coordinator. Good cause may include, without limitation, unavailability of one or more participants due to unanticipated events or circumstances, the timing of academic breaks or holidays, or other extenuating circumstances.

At least one week prior to the hearing, or as far in advance as is reasonably possible if an accelerated hearing is scheduled with the consent of the parties, the Title IX Coordinator will send a letter to the parties stating the following: A description of the alleged violation(s) (including, to the extent known, the date, time, location and factual allegations, and a reference to the specific Colgate policy provision(s) alleged to have been violated); a description of the applicable hearing procedures; and the sanction or sanctions that could be imposed.

Prior to the hearing, the parties will submit to the hearing panel Chair and the Title IX Coordinator the names of all witnesses the party intends to call and a brief description of the subject(s) about which the party believes the witness has relevant information. The hearing panel Chair is in charge of organizing the presentation of information to be considered by the hearing panel. The Title IX Coordinator may assist the hearing panel Chair in organizing witnesses and testimony.

The hearing panel Chair will explain procedural ground rules prior to or at the outset of the proceeding, and the hearing panel Chair may impose additional ground rules as may be reasonably necessary for the orderly and efficient progress of the proceeding, all of which shall apply equally to all parties. Once the procedures are explained and the participants are introduced, the hearing panel Chair may call the investigator(s) to present the report of the investigation if the hearing panel Chair deems such a presentation to be necessary or desirable. The investigator(s) may be asked to respond to questions posed by the hearing panel Chair or hearing panel members. The findings of the investigation are not binding on the panel.

Formal rules of evidence will not apply. Any information that the hearing panel Chair determines is relevant and not otherwise excludable may be considered including hearsay, history and information indicating a pattern of behavior, and character evidence. All evidence previously made available to the parties for inspection and review prior to completion of the investigative report as described above will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of questioning. Absent extraordinary circumstances as determined by the hearing panel Chair, no party may seek to introduce at the hearing any new evidence not previously made available in connection with the investigation, other than the investigative report itself and any responses to the investigative report submitted by the parties. In considering whether to permit introduction of new evidence based on extraordinary circumstances, the hearing panel Chair may consider factors including but not limited to (a) the significance of the proposed evidence, and (b) the reason the evidence was not produced during the investigation. If the hearing panel Chair decides to admit new evidence on this basis, the hearing panel Chair may take such actions, if any (including adjournment or remanding the evidence to the investigator(s) for further investigation), as the hearing panel Chair deems advisable to enable the other part(y)(ies) to respond to, and the hearing panel to understand, the meaning and implications of the evidence.

The hearing panel Chair will address any concerns regarding the consideration of information prior to and/or during the hearing and may prohibit the introduction of irrelevant or otherwise excludable information. Subject to the terms of these procedures, the Chair will have discretionary authority to determine all questions of procedure, to determine whether particular questions, evidence or information will be accepted or considered (including whether a particular witness will or will not be called and, if called, the topic(s) that the witness or the parties will be permitted to address), to call breaks or temporary adjournments of the hearing, to determine the order of the proceedings, and/or to recall parties or witnesses for additional questions as the chair deems necessary or appropriate. Anyone appearing at the hearing to provide information will present and respond to questions on their own behalf and not through anyone else.

Except with respect to questioning as described below, each party’s advisor’s role is limited to consulting with their advisee, and the advisor may not present evidence, address the hearing panel during the hearing, object to any aspect of the proceeding, or disrupt the hearing in any way, and any consultation with the advisee while the hearing is in progress must be done in a quiet non-disruptive manner or in writing. The advisor may consult with the advisee verbally outside the hearing during breaks, when such breaks are granted by the hearing panel Chair. An advisor’s questioning of the other party and any witnesses must be conducted in a respectful, non-harassing and non-abusive manner. If the Chair determines that an advisor is not adhering to these or other ground rules, the advisor may be required to leave the hearing, and the hearing will proceed without an opportunity for the party to obtain a replacement advisor; provided, however, that the University will assign an advisor of the University’s choosing, without charge, for the purpose of conducting questioning on behalf of the party as provided below.

The hearing panel will permit each party’s advisor to ask the other party and any witnesses all relevant and not impermissible questions and follow-up questions, including those challenging credibility; provided that questions that seek disclosure of information protected under a legally recognized privilege will not be permitted unless the person or entity holding the privilege has waived the privilege in writing. Questioning must be conducted by the party’s advisor in a non-harassing and non-abusive manner, and never by a party personally. If a party does not have an advisor present at the hearing, the Title IX Coordinator will arrange for the University to provide, without fee or charge to that party, an advisor of the University’s choice to conduct questioning on behalf of that party.

Only relevant and not impermissible questions may be asked by a party’s advisor to a party or witness. Before the party or witness answers a question posed by an advisor, the hearing panel Chair will first determine whether the question is relevant and not impermissible, and explain any decision to exclude a question. The Chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), impermissible, or harassing or abusive. The advisor posing the question may request that the Chair reconsider any decision to exclude a question and the Chair will render a final determination. Such decisions by the Chair are not subject to further objection or reconsideration during the hearing. Questions that are unclear, or harassing or abusive of the party or witness being questioned, will not be permitted. The hearing panel Chair will give the advisor an opportunity to clarify or revise a relevant and not impermissible question that the hearing panel Chair determines is unclear, harassing or abusive. If the advisor sufficiently clarifies or revises the question, the question will be permitted.

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not permissible, other than questions and evidence about the Complainant’s prior sexual behavior that (a) are offered to prove that someone other than the Respondent committed the alleged misconduct, or (b) concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent (for example, to demonstrate indicia of consent in previous encounters between the parties allegedly identical to purported indicia of consent in the incident in question).

If a party or witness does not appear at the hearing, or attends but declines to respond to relevant and not impermissible questions, the hearing panel may nevertheless rely on statements of that party or witness, during the hearing or otherwise, in reaching a determination regarding responsibility, but may also determine what significance to afford those statements in view of the lack of questioning (for example, the hearing panel may choose to place less or no weight upon statements by a party or a witness who does not attend or refuses to respond to questions deemed relevant and not impermissible). The hearing panel will not, however, draw an inference as to responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer questions.

The following are the sanctions that may be imposed upon students or organizations: 

1. Warning: A formal statement that the behavior was unacceptable and a warning that further infractions of any University policy, procedure, or directive will result in more severe disciplinary action.
2. Probation: A written reprimand for violation of the policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any University policy, procedure, or directive within a specified period of time. Terms of the probation will be specified and may include denial of specified social privileges, exclusion from co-curricular activities, non-contact orders, and/or other measures deemed appropriate.
3. Suspension: Termination of student or organizational status for a definite period of time and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure at Colgate.
4. Expulsion: Permanent termination of student status or indefinite or permanent revocation of University recognition of organizational status.
5. Withholding Diploma: The University may withhold a student’s degree and/or diploma for a specified period of time and/or deny a student participation in commencement activities.
6. Revocation of Degree: The University reserves the right to revoke a degree awarded from the University for fraud, misrepresentation, or other violation of University policies, procedures or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
7. Other Actions: In addition to or in place of the above sanctions, the hearing panel may assign any other sanctions as deemed appropriate, including but not limited to the following:
   1. Education, which can include counseling, so a student has the opportunity to gain more insight into their behavior.
   2. “No contact” order (including but not limited to continuation of a no-contact order imposed as a supportive measure): a prohibition against having contact with one or more identified persons, in person or through telephonic, electronic, written or other means. A no-contact order may include additional restrictions and terms.
   3. Acknowledgement of Impact: Requiring the student or organization to write a letter acknowledging the impact to those involved.
   4. Campus or Community Service: Requiring unpaid service to the University or area community stated in terms of type and hours of service.
   5. Restitution: Reimbursement for damage to or misappropriation of property, or for personal injury, and other related costs.
   6. Housing-related sanctions:
      1. Loss, revocation or restriction of privilege to live in University housing (e.g., exclusion from specified locations or alteration of status in the housing lottery or other selection system).
         1. Loss, revocation or restriction of off-campus living privileges.

Sanctions that may be imposed on employees include warning, required counseling as a condition of continued employment or return to employment, implementation of a performance improvement plan, loss of annual pay increase, demotion, suspension with pay, suspension without pay, termination, or other actions deemed appropriate.

In appropriate cases, the University may take other steps as may be necessary to correct the effects of or prevent further Prohibited Conduct (e.g., banning an individual from campus, changing housing assignments, arranging for the retaking of an exam, removal or reversal of a discriminatory performance evaluation, etc.).

The parties will receive simultaneous written notification of the outcome of the hearing without a commitment to protect the confidentiality of the outcome. It shall be the decision of each party whether that party will disclose or discuss the outcome of any hearing or appeal. The notification will include the following information:

1. A description of the allegations that were adjudicated; 
2. A description of the procedural steps taken from the submission of the formal Complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the applicable policy provisions to the facts;
5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions to be imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s educational programs or activities will be provided to the Complainant; and
6. The procedures and permissible bases for the Complainant and Respondent to appeal.

The determination regarding responsibility becomes final either on the date that the University provides the parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” or if an appeal is not filed, the date on which the opportunity to appeal expires.

Any sanctions imposed by the hearing panel will be stayed during the time to file an appeal and while an appeal by any party is pending. During any such stay, the University may provide supportive measures, and/or may implement an emergency removal if warranted.

The Complainant or Respondent may appeal a decision to dismiss a Complaint or specific allegations in a Complaint, or the result of any formal hearing. All appeals must be submitted in writing within ten (10) calendar days of the delivery of the notice of dismissal or written findings of the hearing panel. Appeals in cases in which the Respondent is a student shall be submitted to an appellate panel composed of the Dean of the College and a PCRG member designated by the Title IX Coordinator. Appeals in cases in which the Respondent is a member of the faculty or staff shall be submitted to an appellate panel comprised of the Provost and a PCRG member designated by the Title IX Coordinator (for faculty cases, the PCRG member will be a faculty member). Any party may appeal a decision, but only on the basis of one or more of the following grounds:

• A procedural irregularity that affected the outcome; or
• New evidence, not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome; or
• The Title IX Coordinator, investigator(s), or hearing panel member(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; or
• Any sanction imposed is disproportionate to the nature or severity of the violation or violations.

Any appeal must include a clear statement of the nature of any claimed procedural irregularity or new information, or the basis of any claim of disproportionality. In the case of a claimed procedural irregularity or new evidence, the appeal must also include a statement of the likely impact of the claimed irregularity or new evidence.

In the event of an appeal by any party, all parties and the hearing panel Chair shall be notified that the appeal has been submitted and shall have a reasonable opportunity to respond to the appeal in a manner determined by the appellate panel. The decision will be sustained if the appeal is not timely or is not made on the basis of one or more of the grounds listed above, or the appellate panel concludes that the grounds for appeal are not supported by the record as a whole. Any decision that is not appealed, or that is sustained on appeal, is final. The appellant shall have the burden of establishing, by a preponderance of the evidence, that one or more of the grounds for appeal are meritorious, and any party may also attempt to show that this burden has not been met.

Additional principles governing appeals are the following:

1. Because the appellate panel has not heard the evidence directly, deference must be given to the hearing panel on evidentiary matters and the appellate panel must sustain the decision unless one of the grounds for appeal listed above has been established.
2. In the event that the appellate panel determines that the appellant has met the burden of establishing that one or more grounds for appeal have merit, the appellate panel has discretion to take action consistent with that determination. That may include, without limitation, in the case of procedural error or new information, remanding the case in whole or in part to the original hearing panel, remanding the case in whole or in part to a new hearing panel and, in the case of disproportionality of a sanction, modifying that sanction as appropriate.
3. Once an appeal of a case is concluded, no further appeals are allowed, except to the extent that one or more parties seek review of proceedings ordered by the appellate panel on remand.

Both parties will receive simultaneous written notice of the outcome of any appeal, including the finding on each ground for appeal, the rationale for each finding, and any specific instructions for further proceedings (if applicable) and/or other actions taken by the appellate panel. Once the appeals process is complete, the result is final and is not subject to further review or appeal under other Colgate University policies or procedures.

1. Make a report to local law enforcement and/or state police.
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/ or criminal justice process free from pressure by Colgate.
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
5. Be treated with dignity and to receive from the University courteous, fair, and respectful health care and counseling services, where available.
6. Be free from any suggestion that the Complainant is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.
7. Describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident.
8. Be protected from retaliation by Colgate, any student, the accused and/or the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the University.
9. Access at least one level of appeal of a determination.
10. Be accompanied by an advisor of choice who may assist and advise a Complainant, accused, or Respondent throughout the judicial or conduct process including during all meetings and hearings related to such process.
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of Colgate.

1. To be treated with respect by University officials.
2. To experience a safe living, educational, and work environment.
3. To take advantage of campus support resources (such as Haven, Counseling & Psychological Services, the Office of the Chaplains, and University Health Services for students, or EAP services for employees), and to receive courteous, fair and respectful treatment.
4. To decline to have an allegation resolved through informal resolution procedures.
5. To receive amnesty for minor student misconduct (such as minor alcohol violations) that is ancillary to the incident.
6. To attend in person or via videoconference any hearing in which they are the Complainant and to be situated in a different room from the Respondent during the hearing if so desired.
7. To receive written notification of the outcome/resolution of the Complaint, including a statement detailing the factual findings supporting the determination and the rationale for the sanction imposed.
8. To have Complaints heard in substantial accordance with these procedures.

1. To be treated with respect by University officials.
2. To experience a safe living, educational, and work environment.
3. To take advantage of campus support resources (such as Counseling & Psychological Services, the Office of the Chaplains, and University Health Services for students, or EAP services for employees), and to receive courteous, fair and respectful treatment.
4. To decline to have an allegation resolved through informal resolution procedures.
5. To receive amnesty for minor student misconduct (such as minor alcohol violations) that is ancillary to the incident.
6. To attend in person or via videoconference any hearing in which the Respondent is charged and to be situated in a different room from the Complainant during the hearing if so desired.
7. To receive written notification of the outcome/resolution of the Complaint, including a statement detailing the factual findings supporting the determination and the rationale for the sanction imposed.
8. To have Complaints heard in substantial accordance with these procedures.