34 Basic Requirements

The College’s grievance process shall adhere to the following principles:

• All relevant evidence—including both inculpatory and exculpatory evidence—will be evaluated.

• Credibility determinations may not be based on a person’s status as a complainant, respondent, or witness.

•  The Title IX Coordinator, investigator, hearing officers or panel members, decision-makers on appeal, persons involved with the informal resolution, and any other persons that play a significant role in the Title IX grievance process shall not have a conflict of interest or bias for or against complainants or respondents generally or for or against an individual complainant or respondent.

• The respondent is presumed to not be responsible for the alleged conduct until a determination of responsibility is made at the conclusion of the grievance process.

• The time frames for concluding the grievance process shall be reasonably prompt, as set forth in more detail in the procedures below.

• The grievance process may be temporarily delayed, and limited extensions of time frames may be granted, for good cause. In such instances, written notice to the complainant and the respondent of the delay or extension and the reasons for the action will be provided. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurring law enforcement activity; or the need for language assistance or accommodations for disabilities.

• Questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege will not be required, allowed, relied upon, or otherwise used. The

The college shall not consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional or paraprofessional capacity, or assisting in the capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the College obtains that person’s voluntary, written consent to do so for a grievance under this section.

• No party shall be restricted from discussing the allegations under investigation or gathering and presenting relevant evidence.
• A party whose participation in a hearing, investigative interview, or other meetings shall be provided with written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate