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2. Provide regular updates on the investigation to the Title IX coordinator 3. Determine whether or not one or more specific portions of the policy were violated based on the preponderance of the evidence. Under this standard, the respondent is presumed not to have violated the gender-based misconduct policy unless a preponderance of the evidence supports a finding that a violation occurred. A preponderance of the evidence indicates that it is ore likely than not the identified portion of m that the policy was violated by the respondent.
Investigations shall proceed generally as follows:
1. The investigator will conduct interviews with the complainant, respondent and any witnesses deemed appropriate by the investigator.
2. All parties will be asked to provide names of relevant witnesses. The investigator will, in their sole discretion, determine which witnesses to interview. Witnesses are typically limited to people with firsthand knowledge of the events being reviewed. Character witnesses and character statements are not permitted.
3. All interviewed parties will be asked to submit relevant documentary evidence (e.g., photographs, video recordings, text messages, reports, phone records, etc.) to the investigator. The investigator will gather and review available documents, materials, or other identified evidence relevant to the investigation. The investigator, in consultation with the Title IX coordinator, will use their discretion about what evidence and information will be included in the case file. Redactions may be made as deemed necessary in the sole discretion of the investigator.
4. After each interview, the investigator will provide the interviewed party a written interview summary. The interviewed party will be afforded a reasonable opportunity to review the summary to confirm its accuracy or to provide written clarifications, comments, and/or corrections. The investigator shall review any written clarifications or comments that are submitted and incorporate those deemed relevant and appropriate into the interview summary. Comments that conflict significantly with information previously submitted by the interviewed party will be noted.
5. During the investigation, the investigator will afford the complainant and respondent an opportunity to respond to information provided by other parties, including witnesses. This information will typically be shared verbally during the interview. Either party may also request an opportunity to review the written interview summaries and/or documentary information. Such request will be granted if and when deemed appropriate in the sole discretion of the investigator.
6. At the conclusion of the investigation, but before any determinations are made by the investigator, the investigator will schedule separate meetings with the complainant and respondent to review the information included in the case file (including all written interview summaries and documentary evidence deemed relevant by the investigator). The complainant and respondent will have the opportunity to provide corrections, clarifications, comments, new relevant information or documentation, and/or suggest new witnesses who possess material information.
a. The complainant and respondent will be given an additional two (2) business days after this meeting to provide any additional documentation or written clarifications or comments. The investigator shall review any written clarifications or comments that are submitted and incorporate those deemed relevant and appropriate into the case file. Comments that conflict significantly with information previously submitted by the interviewed party will be noted.
7. If the complainant and/or respondent identify additional relevant evidence, that evidence shall be gathered by the investigator to the extent reasonably possible and will also be included in the case file. Depending on the nature of the new evidence, it may be shared with the complainant and/or the respondent for comment.
8. The investigator will complete the case file to include all relevant evidence obtained during the investigation.
9. The investigator will review the case file and reach written conclusions as to whether or not the respondent violated the gender-based misconduct policy based on a preponderance of the evidence standard.
10. he investigator will send the case file and written conclusions to the deputy coordinator for review.
T 11.The deputy coordinator will review the case file and written conclusions to ensure the following:
a. The investigation was thorough, reliable, and impartial;
b. The conclusions were based on the evidence collected; and c. The conclusions were based on the preponderance of the evidence.
If the deputy coordinator determines that any further steps are necessary to meet any of these requirements, the deputy coordinator will so inform the investigator. The investigator will take the necessary steps and return the case file to the deputy coordinator for review.
12.Upon approval of the case file, the deputy coordinator will meet separately with the complainant and the respondent to deliver the outcome. These meetings will be arranged as contemporaneously as possible. At the
outcome meetings, the deputy coordinator will:
a. ake the case file available to both parties for their review (necessary redactions may be made in the M discretion of the deputy coordinator); and
b. xplain the next steps in the process:
E i. Appeal process if the outcome is not responsible (see section IX)
ii. Sanction process if the outcome is responsible (see below)
Please note: in addition to sharing the outcome with the parties, the deputy coordinator will also work directly with the Title IX coordinator to determine whether additional remedies are necessary for the complainant and/or community, if any, to address the incident.
CONFLICT RESOLUTION OPTIONSThe deputy coordinator may offer conflict resolution options when appropriate based on the facts and circumstances and regardless of the outcome of the preliminary or formal investigation. Such conflict resolution may include mediation, restorative justice, or other options and will only be utilized when both parties consent to the option. Mediation will not be used in cases involving sexual violence.
SANCTIONS PROCESS1. he complainant and the respondent shall each have two (2) business days from the date of their outcome T meeting to submit a written impact statement to the deputy coordinator. The written impact statement is intended to inform the deputy coordinator of relevant information in determining the appropriate sanction(s), including, but not limited to, how the incident has affected the impacted party, and whether they believe any mitigating or aggravating facts and circumstances warrant leniency or enhanced sanctions.
2. oth the complainant and the respondent have the option to meet with the deputy coordinator to discuss B potential sanctions either instead of or in addition to a written impact statement. Such a meeting is not an opportunity to challenge or contest the outcome of the investigation.
3. he deputy coordinator will confer with the Title IX coordinator regarding potential sanctions. The deputy T coordinator also reserves the right to meet with other relevant parties, including but not limited to the investigator or witnesses, if the deputy coordinator believes it will assist in determining the appropriate sanction(s).
4.efore determining the sanction(s), the deputy coordinator will review: i) the case file and investigator’s B conclusions, ii) the respondent's prior disciplinary record, if any, and iii) any impact statements submitted by either party.
5. he deputy coordinator has three (3) business days from the last meeting with a relevant party to issue a T written decision letter to both parties. Decision letters will be sent via email.
a. ll sanctions are enacted immediately (unless otherwise stated) regardless of the status of the appeal.
A b.he College will not require either party to abide by a nondisclosure agreement, in writing or otherwise, T that would prevent the redisclosure of information related to the outcome of the proceeding.
VIII. SANCTION GUIDELINES Any student found responsible for violating the gender-based misconduct policy provision on non-consensual sexual contact (where no penetration has occurred), sexual exploitation, sexual harassment, intimate partner violence or stalking will receive a sanction up to and including expulsion, depending on the severity of the incident and taking into account any previous disciplinary history. The standard sanction for non-consensual sexual penetration is suspension or expulsion.* The decision-maker reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating or aggravating circumstances. Neither the initial decision-maker nor any appeals officer will deviate from the range of recommended sanctions unless compelling justification exists to do so.
Please see a list of possible sanctions in the Guide to the Student Conduct Process, Appendix II.[WU2] IX. APPEAL PROCESS Both the respondent and the complainant have the opportunity to submit an appeal based on the outcome of the investigation and/or sanction as set forth below.
Guiding principles of the appeal process:
● Appeals are confined to a review of the case file based on one or more of the pertinent grounds for appeal described below. Appeals are not intended to re-hear the allegations or to constitute a novo de review of the investigation.
● Absent clear and material error, appeals determinations are intended to be deferential to the original decision-maker. Findings should be revised by the appeal officer only when remanding for further investigation or granting a new investigation would be insufficient, impractical or unnecessary. Sanctions should be revised by the appeal officer only if there is a compelling justification to do so.
An appeal must be submitted within three (3) business days after the decision letter is delivered to the student's Babson email account (or non-Babson email account for complainants who are non-Babson students). An appeal
may be made solely on the grounds of:
1. Error in the charge and/or investigation or sanctioning process that has materially affected the outcome (e.g., substantiated bias, material deviation from established procedures, etc.), 2. New information that could not have been discovered prior to the investigation or sanctions meeting through the exercise of reasonable diligence and that would have materially affected the outcome. A summary of this new evidence and its potential impact must be included in the written appeal; or 3. The sanctions imposed fall outside the range of sanction guidelines and are grossly disproportionate to the violation(s) committed.
The Vice President for Student Affairs and Dean of Students or designee shall act as the appeal officer. The appeal must be made in writing to the appeal officer and must clearly and succinctly outline and explain how the specific grounds described above have been met. The party submitting the appeal has the burden of demonstrating how the above grounds have been met.
When one party submits an appeal, a copy of the appeal will be provided to the other party by the appeal officer.
The other party will have the opportunity to submit a written statement to the appeal officer within three (3) business days, to be considered with the original appeal. The written statement shall be limited to a response to the content of the original appeal.