XII Resolution Process

Any timeframe or deadline established by this Policy, the Title IX Coordinator, or another individual working on a matter on behalf of the College may be extended for good cause shown. The College has established the following process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice of any extension to the parties that includes the reason for the delay:

A party who wishes to request an extension of any deadline established by this process, should make that request via email to the person who established the deadline.
The person who established the deadline will inform the requesting party promptly regarding whether the requested extension will be granted, modified, or denied.
The person who established the deadline may in their discretion determine it necessary to allow the non-requesting party an opportunity to respond to the request prior to making a determination on the request.
When an extension is granted in whole or in part, the non-requesting party will be notified and will receive a corresponding extension for the other party’s compliance with any similar deadline, as applicable.

The College may also extend timeframes for major stages of the procedures at its own discretion as necessary, and if it does so it will inform the parties of that and summarize the reason for the extension.

A. Optional Informal Resolution Procedures

All parties and the Title IX Coordinator must agree to informal resolution for this option to be used. The Title IX Coordinator will assess the request for an informal resolution against the severity of the alleged violation and the potential risks to Olin community members. The Title IX Coordinator may decide that informal resolution is not appropriate at their discretion, including, for example, in cases where they determine that the alleged conduct would present a future risk of harm to others. If the Title IX Coordinator determines that an informal resolution is appropriate, the Title IX Coordinator will notify the Parties in writing that participation is strictly voluntary and is not offered as a condition of enrollment/continuing enrollment, employment/continuing employment, or a waiver of the right to a formal investigation. Moreover, the written notification will describe the requirements of the informal resolution process, will inform the parties that their agreement to resolve the matter through informal resolution will preclude them from initiating or resuming formal grievance procedures arising from the same allegations, will describe the potential terms that could be included in an informal resolution agreement and that an informal resolution agreement would be binding only upon the parties, will inform the parties of what information will be maintained and that the College will not disclose communications made by parties within and exclusively for purposes of the informal resolution process in any subsequent formal process involving the same allegations, and will state that the parties have the right to withdraw from the informal resolution process at any time and resume the grievance process with respect to the complaint. The notice will also state that the parties have the right to be accompanied by an advisor of their choice throughout the informal resolution process.

If, after receiving written notification of the above rights, the parties both voluntarily consent in writing to pursue informal resolution, the Title IX Coordinator will assign a trained administrator or third-party external to the College to facilitate the informal resolution process.

The allegation will be deemed resolved when the parties expressly agree in writing to a resolution that is acceptable to them, and which is deemed acceptable and approved by the Title IX Coordinator in consultation with other appropriate College administrators. If, however, informal resolution efforts are unsuccessful, the investigation and/or grievance process will continue.

A party may withdraw from the informal resolution process at any time before the parties agree to a resolution in writing. The Title IX Coordinator may also reinitiate an investigation at any time they deem appropriate.

An informal resolution process may include the following four options:

Supportive Resolution. When the Title IX Office can resolve the matter informally by providing supportive measures (only) to remedy the situation.
Educational Conversation. When the Title IX Office can resolve the matter informally by having a conversation with the Respondent to discuss the Complainant’s concerns and institutional expectations. (The Complainant can be involved in this conversation if they wish.)
Accepted Responsibility. When the Respondent accepts responsibility for violating Policy and accepts the recommended sanction(s), and the Complainant(s) and Olin College are agreeable to the resolution.
Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism, such as shuttle negotiation, restorative practices, facilitated dialogue, etc.

The College will strive to complete an informal resolution process within 30 days of when the notice described above was provided to the parties, unless extenuating circumstances require an extension of that timeframe. If there is a need to extend that timeframe, the College will provide notice to the parties of the extension and the reason for the extension.

B. Formal Resolution Procedures

Investigation

When a Formal Complaint is made by or against a community member and contains allegations potentially constituting a violation of this Policy, unless informal resolution is in process, the College will designate a trained investigator or investigators (“investigator”) to conduct an investigation. Any investigator must be impartial and free of any conflict of interest, and will receive not less than annual training on issues relating to Prohibited Conduct, investigatory procedures and hearing procedures to protect the safety and rights of students and employees and promote accountability. A party may raise an objection to the appointment of any investigator on the basis that such investigator is not impartial or has a conflict of interest. Such an objection must be made in writing, specify the basis for the objection, and be submitted to the Title IX Coordinator or designee within three (3) calendar days of the party being informed of the name of the investigator. If the investigator is the Title IX Coordinator, the appeal may be made to the Deputy Title IX Coordinator or designee. The Title IX Coordinator, Deputy Title IX Coordinator, or designee will make the final non-appealable determination on an investigator’s ability to serve.

The Title IX Coordinator or designee may consolidate complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other, where the allegations arise out of the same facts or circumstances.

During the pendency of any resolution process, a Complainant and Respondent may each have their Advisor present at any meeting or proceeding related to the resolution process.

After a notice of allegations has been provided to the parties, the investigator will conduct the investigation. The parties will have an equal opportunity to be heard, to submit information and evidence (both inculpatory and exculpatory), and to identify witnesses who may have relevant information.

The investigation is a neutral fact-gathering process. The Respondent is presumed to be not responsible; this presumption may be overcome only where a determination has been made that there is sufficient evidence, by a preponderance of the evidence standard (which means “more likely than not”), to support a finding that the Respondent violated the policy.

The burden of proof and the burden of gathering evidence rests on the College and not on the parties.

Review of Evidence and Investigation Report

Upon conclusion of the investigation, the investigator will provide to each party and the party’s Advisor(s), if any, the relevant evidence obtained through the investigation. Any evidence the investigator deems irrelevant, along with impermissible evidence, will be removed and not provided to the parties. Depending upon the circumstances, this will typically occur within sixty (60) calendar days after a complaint is received by the Title IX Coordinator. The parties and their Advisors will be able to view the relevant evidence, but are prohibited from downloading, printing, or in any way copying or sharing the documents and evidence, and must adhere to legal and College privacy and confidentiality requirements, including but not limited to the confidentiality requirements in this Policy.

Unless the investigator specifies a different timeframe (due to for example, the complexity of the matter, volume of evidence, or time of year/academic calendar), the parties will have ten (10) calendar days from the date the evidence is made available to them to submit a written response, if desired. Any written responses, or portions thereof, to the evidence may be shared with the other party.

The investigator will consider all written responses received and conduct any appropriate further investigation in response, at the sole discretion of the investigator.

Depending upon the circumstances, the investigator typically will submit the evidence to the decision maker within five (5) calendar days of receiving any responses to the evidence, unless the investigator is also the decision maker. The Title IX Coordinator or designee will provide a notice of hearing to the parties.

Hearing

The Title IX or Deputy Title IX Coordinator or External Consultant as Hearing Officer

The Title IX or Deputy Title IX Coordinator, External Consultant, and/or investigator(s) will serve as the hearing officer (“hearing officer”). The Parties will be notified of the selection of the hearing officer before the Hearing and can object to the appointment of any hearing officer by providing articulable grounds of suspected bias, conflict of interest, an inability to be fair and impartial, or an inability to make an objective determination. This objection should be directed to the Title IX Coordinator or designee who will make the final determination on a hearing officer(s) ability to serve.

Decision regarding hearing

The Title IX Coordinator or designee will determine whether a hearing will be conducted or whether a decision will be made on the written record. This decision will be based on whether questioning of a party or witness is necessary because, for example, credibility is both in dispute and relevant to evaluating one or more allegations of Prohibited Conduct. If credibility is in dispute and relevant, a hearing will be held.

Request to Have Witnesses Present at Hearing

If a hearing is being held, at least three (3) business days before the hearing, the parties shall submit a list to the Title IX Coordinator or designee requesting the presence of any witness(es) that they would like to question at the hearing.

No party will be permitted to call as a witness at a hearing any witness that the investigator(s) did not interview as part of the investigation.

Hearing Procedures

All hearings are closed to the public and are private to protect the privacy interests of all involved. Hearings will be audio or video recorded, however, the hearing officer's deliberations will not be recorded. Neither the parties, nor any witnesses, Advisors, or other participants will be permitted to make any audio or video recordings.

Hearings will be live and may be conducted with all parties physically present in the same geographic location, or, upon request of either party, all parties will appear at the hearing virtually with technology enabling the parties to simultaneously see and hear each other. Witnesses appearing live may be physically present at the hearing or may appear virtually with technology enabling all parties and the witness to simultaneously see and hear each other.

The hearing officer will review the relevant evidence prior to the hearing and will have access to these materials during the hearing. During the hearing, the hearing officer may question the Complainant, Respondent, any witnesses, and/or the investigator to elicit relevant and permissible information.

Both parties have the option to provide an opening and closing statement. The parties cannot orally pose questions directly to each other or to witnesses, but may submit written questions to the hearing officer(s) to ask on their behalf. The hearing officer will not ask questions that are not relevant or are otherwise impermissible. If the hearing officer determines that a question is not relevant or is otherwise impermissible or relevant, they will explain the decision to exclude a question. A hearing officer may also exclude questions that are unclear and harassing. If that occurs, the hearing officer will provide the party with an opportunity to revise or clarify the question, and if the party does so, the hearing officer will ask the question.

The parties have the right to be present during the hearing. Neither parties nor witnesses are required to attend a hearing or answer questions. If either party or a witness is not in attendance, the hearing may still proceed, findings may still be made, and sanctions may still be imposed. The hearing officer may choose to place less or no weight on statements by a party or witness who refuses to respond to questions deemed relevant and not otherwise impermissible. However, the hearing officer cannot base their decision solely on a party or witness’s absence from the hearing or refusal to answer questions.

Parties are expected to produce relevant information during the investigation and review process. If new, relevant information is presented for the first time at the hearing, the hearing officer shall determine how to proceed in her, his, or their sole discretion.

The hearing officer will objectively evaluate all relevant evidence and will not make credibility determinations based on a person’s status as a Complainant, Respondent, or witness. After evaluating the evidence, the hearing officer will deliberate and make a finding by a preponderance of the evidence as to whether the Respondent is responsible for conduct in violation of this Policy. If there is more than one hearing officer, a majority is needed for a finding. The parties will be provided simultaneously with notice of the determination not later than 7 business days after the determination is made, and notice of the opportunity to appeal the determination under procedures detailed below.

Imposition of Sanctions and Remedies

If the Respondent is found "Responsible,” the Title IX Coordinator or Deputy Title IX Coordinator or designee will determine what sanction is appropriate and whether remedies are necessary to restore or preserve the Complainant’s equal access to one or more of the College’s education programs or activities.

The Complainant and Respondent, and other affected parties, as appropriate, will each have the opportunity to present a statement about the impact of the violation and/or requested sanctions. The statements will be reviewed only if there has been a finding that the Respondent is responsible for one or more violations of this policy.

The Title IX Coordinator or Deputy Title IX Coordinator or designee shall determine the appropriate sanction (or combination of sanctions). In addition to sanctions, remedies may also be available to the Complainant at any time after a finding of responsibility against the Respondent. The Title IX Coordinator or Deputy Title IX Coordinator or designee, in consultation with others as necessary, will determine any appropriate additional remedies. In the absence of a finding of responsibility, supportive measures may remain available to all parties.

Types of sanctions:

Employees. Sanctions imposed with respect to respondents who are employees may include, but are not limited to, one or more of the following: dismissal from employment, non-renewal of an employment contract, suspension, probation, reprimand, warning, issuance of a no-contact order, training and/or counseling.
Students. Sanctions may include, but are not limited to, one or more of the following: expulsion, suspension, probation, reprimand, warning, restitution, education/counseling, issuance of a no- contact order, restriction from extracurricular programs or activities, loss of leadership opportunity or positions in activities, housing restriction/relocation, and/or loss or restriction from College employment.
Considerations. In determining an appropriate sanction, the Hearing Officer may take into account the following:

The nature and circumstances of the harassment.
The impact of the harassment on the complainant.
The impact of the harassment on the College community.
The disciplinary history of the respondent.
Any other mitigating or aggravating circumstances.

Additional Remedies. The Title IX Coordinator may also identify additional remedies to address the effects of the conduct on the impacted party. Remedies may include extending or making permanent any supportive measures. If a complainant declined or did not take advantage of a specific supportive measure or resource previously offered, Olin may re-offer the supportive measure, as applicable or necessary. The Title IX Coordinator may also consider broader remedial action for the campus community, such as increased supervision or monitoring, targeted or increased education and prevention efforts, and review of policies and procedures. In addition, if any matter raised, but not addressed hereunder, potentially violates any other Olin policy, rule, or procedure, the Title IX Coordinator may refer the matter raised to the appropriate officials, irrespective of the finding under this Policy.

Notice of Determination

Depending upon the circumstances, but generally within five (5) calendar days of the hearing, the hearing officer will simultaneously provide to the parties a copy of the written notice of determination.

The written notice may note whether remedies will be provided to the Complainant, but the specific remedies will not be shared with the Respondent unless needed to be disclosed to effectively implement the remedy.

The College strives to complete the investigation and hearing process within _120_ days of when the notice of investigation is sent, absent extenuating circumstances. If there is a need to extend that timeframe, the College will provide notice to the parties of the extension and the reason for the extension.

C. Appeal

Either party may appeal a dismissal or a determination regarding responsibility within ten (10) calendar days after the written notice of the decision is sent to them. If a Complainant appeals a dismissal and the Respondent was not previously notified of the allegations, the Title IX Coordinator will send a notice of the allegations to the Respondent and inform the Respondent that they have a right to appeal the dismissal as well. During the ten (10) calendar day period between the written notice of a determination and the appeal deadline, the recording of the hearing will be made available to the parties and the parties’ Advisor(s) for inspection and review subject to the privacy and confidentiality requirements of the College, the law, and this Policy. Appeals must be submitted to the Title IX Coordinator or Deputy Title IX Coordinator or designee in writing and must specify in detail the basis for the appeal.

Either party can appeal on the following bases: (1) procedural irregularity that would change the outcome; (2) new evidence that was not reasonably available at the time the determination was made that would change the outcome (the timeframe for filing an appeal based on newly discovered information may be extended at the discretion of the Title IX Coordinator or designee where the evidence could not reasonably have been discovered within the timeframe and a compelling justification exists for its consideration); (3) the Title IX Coordinator, decision-maker(s), or investigator(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

Upon receipt of an appeal, an appellate officer who was not the hearing officer for the matter will be appointed to review the matter. The appellate officer can be the Title IX Coordinator or Deputy Title IX Coordinator, or designee.

The parties will be notified of the appeal and offered the opportunity to submit a written statement in support of or against the appeal, which appeal shall be due within ten (10) calendar days.

The appellate officer will review the parties’ written request(s) for appeal, the parties’ written statement(s) in support of or against the appeal(s) (if any), the written record, and any other documents or evidence (including any recording) that the appellate officer deems relevant. The appellate officer will defer to decisions of the hearing officer(s) unless one or more of the appeal bases are satisfied.

The appellate officer may affirm the decision or remand the case to the original hearing officer(s), or a new hearing officer(s) if the appellate officer finds that doing so is necessary, or if the appeal was granted due to a conflict of interest or bias of one or more of the original hearing officer(s).

The appellate officer will draft a written notice of the appeal decision and provide it simultaneously to both parties.