Sexual Misconduct and Title IX Procedures

Procedures for Addressing and Responding to Reports and Complaints of Violations of the Sexual Misconduct and Title IX Policy For Students and Employees

Ringling College of Art and Design strives to maintain a professional work and academic environment in which all employees and students are treated with respect and dignity. To that end, the College has a Sexual Misconduct and Title IX Policy. These procedures are the College’s Procedures for Addressing and Responding to Reports and Complaints of Violations of the Sexual Misconduct and Title IX Policy For Student and Employee Respondents.

As set forth below, there are distinct applicable procedures for responding to Reports and Complaints of violations of the Sexual Misconduct and Title IX Policy based on the Respondent’s relationship with the College and the application of federal Title IX regulations.

Application of the Procedures, Designation of Prohibited Conduct, Report, Complaint, Complainant, and Respondent

These procedures apply to allegations of Dating Violence, Domestic Violence, Sexual Assault, Sexual Harassment, Sexual Exploitation, Sexual Misconduct, Stalking, Retaliation, and Title IX Sexual Harassment as defined in the Sexual Misconduct and Title IX Policy (collectively, “Prohibited Conduct”) made against a student or employee of the College.

For the purposes of these procedures, the term “Report” of Prohibited Conduct is used broadly to refer to raising a concern to the College of conduct that, if true, may violate the Sexual Misconduct and Title IX Policy. For the purposes of these procedures, the term “Complaint” is used specifically to refer to a written document used to initiate the Informal or Formal Complaint Resolution Processes described below.

A Complainant is defined as an individual who is reported to have experienced Prohibited Conduct. A Respondent is defined as an individual who is reported to have committed Prohibited Conduct. The Complainant(s) and Respondent(s) are referred to collectively as the Parties.

Inquiries Regarding the Sexual Misconduct and Title IX Policy

While compliance with the law is everyone’s responsibility at the College, the College has designated a Title IX Coordinator and Deputy Title IX Coordinators to oversee its response to all reports of Prohibited Conduct as defined by this Policy, and to coordinate compliance with the mandates of Title IX. The Title IX Coordinator and Deputy Title IX Coordinators are knowledgeable and trained in the College’s policies and procedures, and state and federal laws that apply to discrimination and harassment on the basis of sex.

Inquiries regarding the Sexual Misconduct and Title IX Policy, how to report a violation of the Sexual Misconduct and Title IX Policy, or compliance with applicable federal, state, or local statutes or regulations may be directed to:

Lauren Frasser

Title IX Coordinator

Phone: 941-309-4035

lfrasser@ringling.edu

titleix@ringling.edu

In addition, inquiries regarding applicable federal statutes and regulations may be directed to the Director of the Office for Civil Rights, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-1100, 1-800-421-3481. TDD 877-521-2172.

Reports of Violations of the Sexual Misconduct and Title IX Policy To The College

Anyone who believes that they have been subject to, or witnessed a violation, of the Sexual Misconduct and Title IX Policy should immediately make a report to the Title IX Coordinator online at https://cm.maxient.com/reportingform.php?RinglingCollege&layout_id=0 or by sending an email to titleix@ringling.edu, or by contacting one of the following individuals:

Lauren Frasser

Title IX Coordinator

Phone: 941-309-4035

lfrasser@ringling.edu

Darren Mathews

Deputy Title IX Coordinator;

Assistant Vice President and Director of Human Resources

Phone: 941-309-4058

dmathews@ringling.edu

Elcin Haskollar

Deputy Title IX Coordinator; Associate Dean of Students for Student Success

Phone: 941-309-4023

ehaskoll@ringling.edu

Reports may also be made, at any time, 24 hours a day, 7 days a week to Public Safety (941-359-7500). A Complainant or third party can request a campus safety officer to respond and take a report.

Individuals may choose to make an anonymous report, however, if an individual wishes to remain anonymous, it may limit the College’s ability to respond. The College’s response to reports may be limited if the Respondent is no longer a student or employee or is unknown. Nevertheless, resources and assistance may still be available, and the Complainant is encouraged to report the Prohibited Conduct to explore those options.

If an employee (with the exception of the Confidential Resources identified in the Sexual Misconduct and Title IX Policy) has information regarding an allegation of a violation of the Sexual Misconduct and Title IX Policy, the employee must report the information to the Title IX Coordinator or a Deputy Title IX Coordinator. Such mandatory reports cannot be anonymous and must include the name of the employee filing the report, as well as all known information relating to the report. Additionally, as required by Florida law, upon notification of known or suspected sexual abuse, abandonment or neglect of a child under age 18, employees, students and volunteers must report as described in the Ringling College of Art and Design Child Protection Policy. This policy can be found in the student and employee handbooks.

Additional information regarding resources and support available at the College and in the community is available at www.ringling.edu/titleix. Additional information regarding reporting to Law Enforcement and seeking medical assistance is also included in the Sexual Misconduct and Title IX Policy.

Title IX Coordinator Response To An Initial Report of Violations of the Sexual Misconduct and Title IX Policy

All Reports describing conduct that if true, may violate the Sexual Misconduct and Title IX Policy will be responded to promptly and effectively. Upon receiving a Report, the Title IX Coordinator will review the information provided and, where appropriate seek, additional information from the reporting party and anyone identified as the Complainant (if different than the reporting party). If the reported conduct does not fall within the Prohibited Conduct under the Sexual Misconduct and Title IX Policy, the matter will be addressed as appropriate, including but not limited to referral to another office. If the reported conduct, if true, may violate the Sexual Misconduct and Title IX Policy, the Title IX Coordinator will take appropriate steps consistent with the procedures set out herein and reasonably calculated to stop any substantiated Prohibited Conduct, prevent its recurrence, and, as appropriate, remedy its effects.

Upon receipt of a Report, the Title IX Coordinator will generally contact anyone identified as the Complainant (if known) to:

provide a copy of, or link to, the Sexual Misconduct and Title IX Policy and these Procedures;
offer an opportunity to discuss Supportive and Interim Measures, including regarding access to Supportive Measures described below, regardless of whether the Report proceeds to a Complaint Resolution Process described below;
provide information, where applicable, regarding their right to contact or decline to contact law enforcement to pursue criminal charges, which may be done concurrently with, before, or after the Complaint Resolution Processes described below;
provide information, where applicable, regarding their right to file a civil legal action, such as to request a protective order; and
provide information, where applicable, regarding their right to file a complaint with the U.S. Department of Education, the U.S. Equal Employment Opportunity Commission, and other relevant legal authorities as may be applicable under the circumstances.

With regard to reports alleging Sexual Assault, Dating Violence, Domestic Violence, or Stalking, the Title IX Coordinator will also generally provide information, where applicable, about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for those who have experienced these types of Prohibited Conduct, including resources within the College and in the community.

Additional information regarding resources and support available at the College and in the community for individuals reporting Prohibited Conduct is available at www.ringling.edu/titleix.

Supportive and Interim Measures

The College will offer and implement reasonable, available Supportive Measures for both the Complainant and Respondent. Supportive Measures are non-punitive individualized services offered free of charge and designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties or the College’s educational environment, or to deter Prohibited Conduct. Supportive Measures may include counseling, extension of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

Individuals are not required to participate in a Complaint Resolution Process to access Supportive Measures. Supportive Measures may at times, constitute a resolution to a reported matter and negate the necessity to resolve the matter in accordance with the Complaint Resolution Processes described below.

Interim Measures are non-disciplinary and may be implemented when there is a significant behavior or health and safety concern that requires immediate intervention to preserve and support the general welfare and academic experience of one or more students and/or the College community. Based on the nature of the alleged conduct, the College may also implement Interim Measures prior to completing the Complaint Resolution Process. Interim Measures may include, but are not limited to: involuntary placement of an employee on leave, interim suspension of a student, no contact orders, removal from campus, reassignment of work responsibilities or location, or other actions. Interim Measures are not discipline. Failure to comply with an Interim Measure may constitute a violation of applicable College policy and may result in disciplinary action.

Additional Procedures for Emergency Removal of a Student Respondent Accused of Title IX Sexual Harassment:

This section applies only to student Respondents accused of Title IX Sexual Harassment.

If, after receipt of a report or Formal Complaint alleging Title IX Sexual Harassment and an individualized safety and risk assessment, the College determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegation of Title IX Sexual Harassment justifies removal of the Respondent, the College may remove the Respondent on an emergency basis. Threats must pose more than a generalized, hypothetical, or speculative risk to health and safety for emergency removal to be appropriate. The College will take steps to continue providing the removed Respondent as much access to their educational activities as possible when the individual facts and circumstances of the removal are considered.

When a Respondent is removed from campus through emergency removal, the Title IX Coordinator shall provide the Respondent with written notice of the individual who will hear any challenge of the removal. The Respondent may file a written challenge with such individual in writing within two (2) business days of the removal, and the challenge must include supporting documentation or evidence that the Respondent does not pose, or no longer poses, an immediate threat to the physical health or safety of any student or other individual arising from the allegation of Title IX Sexual Harassment. The individual hearing the challenge shall render their written decision to the Respondent and Title IX Coordinator within two (2) business days of receipt of the challenge.

Complaint Resolution Processes

A Complaint is a written document, prepared by the Complainant or, where appropriate, by the Title IX Coordinator, setting out the conduct alleged to violate the Sexual Misconduct and Title IX Policy. The Complaint will include, to the extent known, a brief description of the alleged conduct, including the date, time, and location, and the names of the involved individuals.

When the Complainant files the Complaint, they may do so in person, by mail, or by electronic means to the Title IX Coordinator and they must sign the Complaint. When the Title IX Coordinator files the Complaint, the Title IX Coordinator is not a Complainant or a party to the Complaint Resolution Process. Exercising their discretion to file a Complaint is not automatically an indication of a conflict of interest or bias, and the Title IX Coordinator may still coordinate the Complaint.

Under all Complaint Resolution Processes:

Decision-Makers will apply the preponderance of the evidence standard, meaning it is more likely than not that the violation occurred;
The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not the Parties;
The Respondent is considered not responsible until a decision is made at the conclusion of the Complaint Resolution Process;
The Parties will have an equal opportunity to participate; and
Where a Party is invited or expected to participate, the College will provide 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.

Complaints can be addressed through the Informal Complaint Resolution Process (“Informal Resolution”) or the applicable Formal Complaint Resolution Process (“Formal Resolution”) described below.

Informal Complaint Resolution Process

Informal Resolution is available in matters where the Title IX Coordinator determines it would be appropriate. Informal Resolution is voluntary and, therefore, only available upon the agreement of the Complainant and Respondent. At any time during an Informal Resolution process, the Complainant, Respondent, or College can discontinue the Informal Resolution.

Informal Resolution will generally involve the Title IX Coordinator or their designee serving as facilitator in an effort to resolve the Complaint. The Respondent will be informed of the existence and nature of the Complaint and may, at the discretion of Title IX Coordinator, receive a copy of the Complaint. The Parties will have an opportunity to participate, including by sharing information and requesting specific outcomes. The Parties will not be required to meet directly with one another as part of the Informal Resolution, but may mutually agree to do so. The Informal Resolution process will seek a resolution upon which both the Complainant and Respondent as well as the College can agree that is calculated to stop the alleged Prohibited Conduct, prevent its recurrence, and, as appropriate, remedy its effects. If no satisfactory Informal Resolution can be found, the matter may proceed to a Formal Resolution.

Informal Resolution is generally most appropriate where training, education, or Supportive Measures can be utilized to effectively address the conduct at issue. An Informal Resolution can, however, involve a disciplinary sanction. Once a Complaint has been resolved through Informal Resolution, the matter will be closed. Failure to comply with the terms of an Informal Resolution may constitute a violation of applicable College policy and may result in disciplinary action.

Additional Procedures for Informal Resolution of Allegations of Title IX Sexual Harassment:

This section applies only to Complaints alleging Title IX Sexual Harassment.

In matters alleging Title IX Sexual Harassment, the Complainant and Respondent will receive a Notice Letter, as described in the Formal Complaint Resolution Process below, including a copy of the Complaint, prior to the Informal Resolution and will agree in writing to their voluntary participation in the Informal Resolution.

Informal Resolution is unavailable for allegations of Title IX Sexual Harassment in which the Respondent is an employee and the Complainant is a student.

Formal Complaint Resolution Process

Initiating a Formal Resolution

The Title IX Coordinator may initiate a Formal Resolution at the request of the Complainant, where attempts at Informal Resolution have been unsuccessful, or where the Title IX Coordinator deems that a Formal Resolution is appropriate.

Prior to initiating a Formal Resolution, the Title IX Coordinator will conduct an Initial Assessment to review the information provided and, where appropriate, seek additional information from the Complainant. If the conduct alleged in the Complaint does not fall within the Prohibited Conduct under the Sexual Misconduct and Title IX Policy, the matter will be addressed as appropriate, including but not limited to referral to another office. If the reported conduct, if true, may violate the Sexual Misconduct and Title IX Policy, the Title IX Coordinator will proceed with the Formal Resolution process described below.

Although a Formal Resolution should be initiated as soon as possible, preferably within six months after the alleged conduct, the College recognizes that the sensitivity involved in certain situations may cause individuals to delay taking action. Where a Formal Resolution is requested so long after the alleged Prohibited Conduct that an investigation is not practicable, the College reserves the right to, at its discretion, modify the procedures set forth herein or determine that a Formal Resolution is not available.

Notice Letter

The Formal Resolution process is initiated by the Title IX Coordinator providing the Complainant and Respondent with a written Notice Letter, which will include: the provisions of the Sexual Misconduct and Title IX Policy alleged to have been violated; information regarding the Formal Resolution process, including the name of the assigned investigator; and a copy of the Complaint. The Notice Letter will be provided reasonably in advance of any interview with the Investigator. The Title IX Coordinator may at their discretion and as appropriate provide the Complainant and Respondent with a revised Notice Letter to reflect additional alleged violations of the Sexual Misconduct and Title IX Policy identified during the course of the investigation.

For employee Respondents, the Respondent’s supervisor will also receive notice of the Formal Resolution process, although, at the discretion of the Title IX Coordinator, information provided may be redacted or otherwise appropriately limited.

If, at any time after receiving the Notice Letter, the Respondent admits responsibility, the Formal Resolution will proceed to the sanctioning phase.

Additional Procedures for Allegations of Title IX Sexual Harassment

This section applies only to Complaints alleging Title IX Sexual Harassment.

Where the Complaint alleged Title IX Sexual Harassment, the Notice Letter will specifically include:

the identities of the Parties involved;
the specific section(s) of the policy allegedly violated;
the precise conduct alleged to constitute the potential violation(s);
the approximate date, time, and location of the alleged incident;
a statement indicating that the Respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the Formal Resolution;
a statement that the determination of responsibility will be made at the conclusion of a Formal Resolution;
a notice that Parties have the right to an Advisor of their choice, who may be an attorney;
the result of an initial assessment to determine whether the allegations suggest a potential violation of Title IX Sexual Harassment;
the name of the Investigator and the ability to challenge their participation for actual conflict of interest or bias;
the appropriate policy language prohibiting a Party from knowingly making false statements or knowingly submitting false information; and
notice that Retaliation is prohibited.

Dismissal of a Complaint

At any time during the Formal Resolution process, the Title IX Coordinator may dismiss a Complaint if the conduct alleged in the Complaint does not fall within the Prohibited Conduct under the Sexual Misconduct and Title IX Policy, a Respondent is no longer participating in or attempting to participate in the College’s education program or activity, the Complainant submits a written request to withdraw the complaint, or specific circumstances prevent the College from gathering evidence sufficient to reach a determination.

Such a dismissal does not preclude the College from taking action under another College policy. No matter the reason for the dismissal of a Complaint, the Parties will be notified simultaneously in writing of the decision to dismiss, including the reasoning.

Additional Procedures for Allegations of Title IX Sexual Harassment

This section applies only to Complaints alleging Title IX Sexual Harassment.

Where the Title IX Coordinator dismisses a Complaint alleging Title IX Sexual Harassment, the Title IX Coordinator will provide both Parties with a Notice Letter as described above with the result of the initial assessment to determine whether the allegations, if true, may be a violation of Title IX Sexual Harassment. Either Party may immediately appeal the decision. The appeal will utilize the Appeal Process set forth below.

Formal Complaint Investigation and Resolution Processes

After the Title IX Coordinator provides the Complainant and Respondent with the Notice Letter, the applicable Formal Complaint Investigation and Resolution Process depends both on the Respondent’s relationship with the College and the alleged Prohibited Conduct.

As set forth below, there are three unique processes as follows:

Formal Complaint Investigation and Resolution: Employee Respondents Accused of Non-Title IX Sexual Harassment Prohibited Conduct;
Formal Complaint Investigation and Resolution: Student Respondents Accused of Non-Title IX Sexual Harassment Prohibited Conduct; and
Formal Complaint Investigation and Resolution: Student and Employee Respondents Accused of Title IX Sexual Harassment.

Formal Complaint Investigation and Resolution: Employee Respondents Accused of Non-Title IX Sexual Harassment Prohibited Conduct

The Title IX Coordinator^ will at their discretion designate the appropriate Investigator(s) to conduct an investigation into the allegations in the Complaint.

The Investigator will conduct an investigation, which will generally include the following:

The Complainant and Respondent having an opportunity to submit a written response to the Notice Letter within five (5) business days of receiving the Notice Letter;
The Complainant and Respondent having an opportunity to separately participate in an interview with the Investigator and to provide the Investigator with relevant information and documents; and
The Investigator interviewing witnesses, collecting other information, and consulting with other individuals and departments as they deem appropriate.

The Investigator will conduct a prompt, thorough and fair investigation and may, to that end, set or modify deadlines for the Complainant, Respondent, and witnesses’ participation in the investigation.

After completing the investigation, the Investigator will prepare an Investigation Report with findings of fact and a determination as to whether or not the Respondent violated the Sexual Misconduct and Title IX Policy . The Title IX Coordinator will provide the Investigation Report to the Assistant Vice President and Director of Human Resources. The Title IX Coordinator in consultation with the Assistant Vice President and Director of Human Resources and other individuals and departments as deemed appropriate, will determine any remedies and sanctions, as detailed in Section 8 Remedies and Sanctions.

The Assistant Vice President and Director of Human Resources will provide the Complainant and Respondent with an Outcome Letter.

^For Formal Complaint investigations of employee Respondents accused of non-Title IX Sexual Harassment Prohibited Conduct, the Title IX Coordinator will generally delegate to the Deputy Title IX Coordinator, Assistant Vice President and Director of Human Resources.

Formal Complaint Investigation and Resolution: Student Respondents Accused of Non-Title IX Sexual Harassment Prohibited Conduct

The Title IX Coordinator will at their discretion designate the appropriate Investigator(s) to conduct an investigation into the allegations in the Complaint.

The Investigator will conduct an investigation, which will generally include the following:

The Complainant and Respondent having an opportunity to submit a written response to the Notice Letter within five (5) business days of receiving the Notice Letter;
The Complainant and Respondent having an opportunity to separately participate in an interview with the Investigator and to provide the Investigator with relevant information and documents; and
The Investigator interviewing witnesses, collecting other information, and consulting with other individuals and departments as they deem appropriate.

After completing the investigation, the Investigator will prepare an Investigation Report with a summary of the relevant evidence gathered during the investigation and a recommendation as to whether or not the Respondent violated the Sexual Misconduct and Title IX Policy .

The Investigator will submit the Investigation Report to the Title IX Coordinator. The Title IX Coordinator will provide the Investigation Report to the Complainant, Respondent, and Senior Vice President for Student Life and Dean of Students. The Senior Vice President for Student Life and Dean of Students, in consultation with the Title IX Coordinator and others as appropriate, will refer the matter for resolution consistent with the Code of Conduct Procedures as set forth in the Student Handbook.

The Senior Vice President for Student Life and Dean of Students, or their designee, will provide the Complainant and Respondent with an Outcome Letter at the conclusion of the process.

Formal Complaint Investigation and Resolution Process: Student and Employee Respondents Accused of Title IX Sexual Harassment

Federal Title IX regulations require the College to follow specific procedures for allegations of Title IX Sexual Harassment. The College has implemented the below Formal Complaint Investigation and Resolution Process to comply with federal Title IX regulations and they will be interpreted, revised, and supplemented as necessary to do so.

Investigation

The Title IX Coordinator will at their discretion designate the appropriate Investigator(s) to conduct an investigation into the allegations in the Complaint.

The Investigator will conduct an investigation, which will generally include the following:

The Parties having an opportunity to submit a written response to the Notice Letter within five (5) business days of receiving the Notice Letter;
The Parties having an opportunity to separately participate in an interview with the Investigator and to provide the Investigator with relevant information and documents;
The Investigator interviewing witnesses; gathering available physical evidence, including documents, communications between the Parties, and other electronic records as relevant, appropriate, and available; collecting other information; and consulting with other individuals and departments as they deem appropriate; and
The Parties having an opportunity to request the investigator interview witnesses, including expert witnesses, and to request what questions to be asked by the Investigator of Parties and witnesses. The Investigator will review requested witnesses and submitted questions and, at their discretion, may choose which witnesses and questions are necessary and appropriate to the investigation and conduct any follow-up, as they deem relevant.

Parties’ Review of the Draft Investigation Record and Investigation Report

The draft Investigation Record and Investigation Report will be made available by the Investigator or the Title IX Coordinator to the Parties and their Advisors for review and inspection.

The Investigation Record is a record of the evidence obtained as part of the investigation that is directly related to the allegations raised in the Complaint, including the evidence upon which the College may not rely in reaching a determination regarding responsibility as well as inculpatory or exculpatory evidence.

The Investigation Report will generally include, but is not limited to, the following:

A summary of the allegations in the Complaint;
A summary of the investigation process;
A summary of the relevant information gathered, including, as appropriate: a timeline of alleged conduct being investigated, Complainant’s account of events, Respondent’s account of events, witnesses’ accounts of events, and a description of the evidence gathered;
A summary of the areas of agreement (i.e., the uncontested evidence);
A summary of the areas of disagreement (i.e., the contested evidence); and
An appendix containing the Investigation Record.

The Parties will have ten (10) calendar days to review the draft Investigation Record and Investigation Report. The Parties will be offered the opportunity to provide a written response that will be submitted to the Investigator for consideration in their completion of the Investigation Report.

For the privacy of all those involved, the Investigation Record shared in an electronic format will not be printable, downloadable or electronically shareable by the Parties or their Advisors. Exceptions may be made in compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. To protect the integrity of the process and the privacy of the Parties, Parties and Advisors are prohibited from sharing the Investigation Record made available to them through this process. Individuals who share information from the Investigation Record in violation of this prohibition may be subject to discipline or, if Advisors, to removal from participation in the process.

Final Investigation Record and Investigation Report

Once the Parties have reviewed the draft Investigation Record and Investigation Report and have submitted responses, or the time period to submit such responses has passed, the Investigator will complete any additional investigation they deem necessary and prepare the final Investigation Record and Investigation Report.

Parties’ Responses to Investigation Report

The Parties have ten (10) calendar days to submit their written response to the final Investigation Report. The response may include an assertion that evidence not summarized in the report, but present in the Investigation Record, should be considered as relevant.

Title IX Sexual Harassment Hearing Process

The Title IX Sexual Harassment Hearing typically concludes within thirty (30) business days from receipt of the Parties’ responses to the Investigation Report. Each Party must have an Advisor at the hearing. If a Party does not have an Advisor present at the hearing, the College will provide, without fee or charge to that Party, an Advisor of the College’s choice, who may be, but is not required to be, an attorney.

Hearing Decision-Maker

A single Decision-Maker will typically conduct the live hearing. The Title IX Coordinator will at their discretion designate the appropriate, trained and impartial Decision-Maker, who may be, but is not required to be, an employee. The Decision-Maker cannot be the Title IX Coordinator or the Investigator who investigated the case.

Pre‐Hearing Conference

Each Party will have their own Pre-Hearing Conference. The Title IX Coordinator will communicate to the Parties, their Advisors, and the Decision-Maker regarding the date, time, and format for their Pre-Hearing Conference. The Title IX Coordinator, the Decision-Maker, and the Advisor must be in attendance. While the Parties are encouraged to attend, they are not required to do so.

At the Pre-Hearing Conference, the Decision-Maker will discuss the expectations and guidelines for appropriate behavior and decorum during the hearing.

At the Pre-Hearing Conference, the Advisor is strongly encouraged to discuss lines of questioning with the Decision-Maker to obtain guidance from the Decision-Maker on relevancy prior to the hearing.

At the Pre-Hearing Conference, the Advisor must share and the Decision-Maker will address any requests to present new evidence and new witnesses. Evidence and witnesses may only be presented at the hearing if they were submitted to the Investigator and made available to the Parties for review, unless they were unavailable at the time of the investigation or the relevance was unknown until the Investigation Report was provided to the Parties.

After reviewing each Party’s witness list, the Decision-Maker may, at their discretion, identify other witnesses interviewed by the Investigator to appear at the hearing.

After the conclusion of the Pre-Hearing Conferences, the Title IX Coordinator will provide each Party and their Advisor with written notice of the date, time, and manner for the hearing, which will typically occur no less than five (5) business days after the conclusion of the final Pre-Hearing Conference.

Title IX Sexual Harassment Hearing

The hearing may be conducted with all Parties physically present in the same geographic location or, at the College’s discretion, any or all Parties, witnesses, and other participants may appear at the hearing virtually. Regardless of format, the hearing will be recorded or transcribed, and the recording or transcript will be the College’s property and will be made available to the Parties for review and inspection upon their request during the pendency of the process.

Participants in the Title IX Sexual Harassment Hearing include: Complainant; Complainant’s Advisor; Respondent; Respondent’s Advisor; Decision-Maker; Title IX Coordinator; witnesses; and other appropriate individuals at the discretion of the Title IX Coordinator (for example, an interpreter or someone needed to provide reasonable accommodations due to a disability).

The Decision-Maker will provide an introduction detailing the purpose of the hearing, have those present identify themselves and their role, remind all Parties of the expectation to be candid and honest in their responses, and provide a brief overview of the applicable procedures and the anticipated order of the hearing.

The Advisors will be responsible for orally asking relevant questions, including those questions which challenge credibility, to the other Party or Parties and any witnesses directly, in real-time (i.e., “cross-examination”). Only relevant questions may be asked of a Party or witness. Relevant questions are those tending to prove or disprove a fact at issue. The Decision-Maker, at their sole discretion, is responsible for ensuring that the Advisors are appropriately limited to asking relevant questions in a manner that is not inappropriate, harassing, intimidating, or redundant. Cross-examination will never be conducted by a Party personally. The Decision-Maker may ask questions and elicit information from the Parties and witnesses on the Decision-Maker’s own initiative to aid the Decision-Maker in obtaining relevant evidence.

Before a Party or witness answers a question by an Advisor, the Decision-Maker will first determine whether the question is relevant and briefly explain any decision to exclude a question as not relevant, or request rephrasing of the question. The Decision-Maker is not required to give a lengthy or complicated explanation of a relevancy determination during the hearing. The Decision-Maker may later send to the Parties any revisions to the explanation of relevance that was provided during the hearing.

If a Party or witness does not submit to cross-examination at the hearing, the Decision-Maker may still consider their statements and will determine the weight to which those statements may be entitled. The Decision-Maker cannot draw an inference regarding responsibility based solely on a Party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.

The Decision‐Maker’s Outcome Letter

After the hearing, the Decision-Maker will objectively evaluate all evidence, including inculpatory and exculpatory evidence, to determine its relevance, materiality, weight and reliability. Credibility determinations will not be based on an individual’s status as a Complainant, Respondent, or witness.

The Decision-Maker will then issue a written determination, the Outcome Letter, as to whether or not the Respondent violated the prohibition against Title IX Sexual Harassment. The Title IX Coordinator will provide the Decision-Maker’s Outcome Letter to the Parties simultaneously, generally within fifteen (15) business days of the hearing. The Outcome Letter will, as appropriate, generally include:

A summary of the alleged Title IX Sexual Harassment;
A summary of the procedural history;
Findings of fact;
A determination as to whether or not the Respondent violated the prohibition against Title IX Sexual Harassment, including the rationale for the determination;
If the Respondent is found to have violated the prohibition against Title IX Sexual Harassment, a determination as to the appropriate sanctions, consistent with the Sanctions and Remedial Measures section below; and
Notice of the applicable Appeal Process.

The Decision-Maker’s determination in the Outcome Letter becomes final only after the time period for appeal has expired or, if a Party does file an appeal, after the Appellate Outcome Letter has been sent to the Parties.

Sanctions and Remedial Measures

If the Respondent is found to have violated the Sexual Misconduct and Title IX Policy (i.e., the allegations were substantiated), the College will determine and implement the appropriate disciplinary sanctions and/or remedial measures.

The Decision-Maker with respect to sanctions depends both on the Respondent’s relationship with the College and the alleged Prohibited Conduct, and is as follows:

For Employee Respondents Accused of Non-Title IX Sexual Harassment Prohibited Conduct: The Title IX Coordinator, in consultation with the Assistant Vice President and Director of Human Resources and the Respondent’s supervisor, will determine and implement the appropriate sanctions;
For Student Respondents Accused of Non-Title IX Sexual Harassment Prohibited Conduct: Sanctions will be determined and implemented consistent with the Ringling College of Art and Design Conduct System, in consultation with the Title IX Coordinator; and
For Student and Employee Respondents Accused of Title IX Sexual Harassment: Sanctions will be determined by the Decision-Maker as set forth above and implemented by the Title IX Coordinator.

Sanctions and Remedial Measures will be determined and implemented promptly after the Complaint Resolution Process is final and will generally not be stayed for an appeal.

Every matter will be considered on its own merits and the College will take whatever actions it considers appropriate under the circumstances.

Sanctions for employee Respondents found to have violated the Sexual Misconduct and Title IX Policy include, but are not limited to, the following, or any combination thereof: a warning, reprimand, educational interventions, counseling, no contact orders, probation, suspension, transfer, demotion, immediate termination, and other restrictions as to access and use of College facilities, property, or activities.

Sanctions for student Respondents found to have violated the Sexual Misconduct and Title IX Policy include, but are not limited to, the following, or any combination thereof: disciplinary warning, reprimand, educational interventions, assessment by the counseling staff, community restitution, denial of privileges, work projects, restitution, fines, disciplinary probation, final disciplinary probation, behavioral agreement, no contact orders, suspension, expulsion, termination of employment, and other restrictions as to access and use of College facilities, property, or activities.

Respondents who are neither students nor employees at the conclusion of the Formal Resolution are also subject to sanction, including but not limited to, the following, depending on the amount of control exercised by the College over the Respondent: warning, reprimand, educational interventions, restitution, no contact orders, termination of contract(s), prohibition (temporary or permanently) against future admission and/or employment; and restrictions as to access and use of College facilities, property, or activities.

The Parties will receive written notice of the sanctions.

The College, at its discretion, will also implement any Remedial Measures it deems appropriate, including Remedial Measures directly provided to a Complainant. Remedial Measures are designed to restore or preserve equal access to the College’s education programs and activities. Remedial measures may include the same individualized services provided as Supportive Measures; however, Remedial Measures implemented after a finding of a violation of the Sexual Misconduct and Title IX Policy need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent. Remedial Measures may also include educational interventions broadly or for targeted audiences.

The Title IX Coordinator is responsible for effective implementation of Remedial Measures. Where the final determination has indicated that Remedial Measures will be provided, the Complainant can communicate separately with the Title IX Coordinator or their designee to discuss what Remedial Measures are appropriately designed to preserve or restore the Complainant’s equal access to education. Remedial Measures for a Complainant that do not affect the Respondent must not be disclosed to the Respondent.

Sanctions and Remedial Measures are not subject to appeal.

Appeal Process

Within fourteen (14) calendar days of receiving the Outcome Letter, the Complainant or Respondent may appeal a finding as to whether the Sexual Misconduct and Title IX Policy was violated. An appeal must be submitted in writing to the Title IX Coordinator.

An appeal is limited to the following grounds:

Procedural Error: Substantial procedural error that materially affected the outcome;
New Evidence: Significant relevant new evidence that was not reasonably available at the time of the investigation and could reasonably affect the outcome; and
Material Bias: The Title IX Coordinator, Investigator, or Decision-Maker had an actual conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that materially affected the outcome of the matter.

The non-appealing individual will receive a copy of the appeal and be provided fourteen (14) calendar days to submit a written response.

The Title IX Coordinator will designate an appropriate College official to review the appeal, referred to as the Appellate Officer. The Title IX Coordinator, Investigator, or Decision-Maker cannot serve as the Appellate Officer.

The Appellate Officer may affirm the finding(s); alter the finding(s); or request that additional steps be taken. The Appellate Officer will prepare an Appellate Outcome Letter with their decision on the appeal, which will include the Appellate Officer’s rationale for the decision on the appeal. The Appellate Officer will strive to make a decision on the appeal within twenty (20) business days of receiving the submissions. The Title IX Coordinator will provide the Appellate Outcome Letter to the Parties simultaneously.

There is no further appeal.

Consolidation of Formal Complaints

Generally, at the discretion of the College, Complaints alleging multiple violations of the Sexual Misconduct and Title IX Policy or including alleged violations of other College policies may be consolidated into one investigation and resolution process. Complaints may be joined together, at the College’s discretion, where they are factually related, including situations involving more than one Respondent or more than one Complainant. For consolidated allegations of other College policy violations, the College will generally follow these procedures with appropriate modifications.

Further, the College may take corrective action for any inappropriate conduct discovered in investigating an allegation of a violation of the Sexual Misconduct and Title IX Policy, regardless of whether the conduct amounts to a violation of law or even a violation of this policy.

Advisor

A Party may have an Advisor (who may or may not be an attorney) of their choosing, and at their own expense, for the express purpose of providing advice and counsel.

The Advisor is permitted to attend any meeting or proceeding relating to the Complaint Resolution Process. The Advisor’s role is to provide support and assistance during the process but not to speak on behalf of the Party, except as set forth above during of the Title IX Sexual Harassment Hearing. If an Advisor refuses to comply with these restrictions, or is disruptive to the process, the College may require the Party to use a different Advisor.

Privacy, Confidentiality, and Privilege

All information regarding alleged violations of the Sexual Misconduct and Title IX Policy will be kept in confidence to the greatest extent practicable and appropriate under the circumstances.

Due to the nature of the Prohibited Conduct under the Sexual Misconduct and Title IX, the College provides the additional information below regarding privacy, confidentiality and privilege. Further information is available from the Title IX Coordinator, in the Sexual Misconduct and Title IX Policy, and online at www.ringling.edu/titleix.

Complainant Requests for Anonymity and Inaction

Where a Complainant requests that their identity be withheld or the reported conduct not be investigated, the College will consider whether or not such a request can be honored while still promoting a safe and nondiscriminatory environment at the College and while conducting an effective review of the report. For example, under compelling circumstances—including evidence of a pattern of repetitive behavior, the use of force or threat of force, or the use of a weapon by the Respondent—the Title IX Coordinator may pursue additional information regarding the report, file a Complaint, or take other appropriate measures without the Complainant’s assent. If the College is unable to take action consistent with the wishes of the Complainant, the Title IX Coordinator will inform the Complainant about the chosen course of action.

The College cannot guarantee confidentiality and cannot conduct a Formal Resolution while maintaining the anonymity of the Complainant.

Complainant’s Sexual History

Regardless of the Complaint Resolution Process utilized, questions about the Complainant’s sexual predisposition or prior sexual behavior will be deemed irrelevant, unless such questions and evidence are offered to prove that someone other than the Respondent committed the alleged conduct or consent between the Parties during the alleged incident.

Privileged Records

Regardless of the Complaint Resolution Process utilized, the College will not access, consider, disclose, or otherwise use a Party’s records protected by a recognized legal privilege without their voluntary written consent. This includes records maintained by a physician, psychiatrist, psychologist, or other recognized professional made in connection with the Party’s treatment.

Where a Party provides their written permission to share privileged records as part of an investigation, only the portion of the records directly related to the allegations raised in the Complaint will be included in the Investigation Report, Investigation Record, or otherwise for use in the Complaint Resolution Process.

Parties’ Discussion of Allegations

The College will not restrict the ability of any Party to discuss the allegations under investigation or to gather and present relevant evidence, except where such discussions constitute Prohibited Conduct (for example, because they constitute Retaliation as defined by this Policy). The College does, however, strongly encourage the Parties to maintain the privacy of the process to the greatest extent possible.

Confidentiality

Confidentiality governs the information held by certain individuals who learn of certain information in the context of a privileged relationship, such as a counselor-patient relationship or in the context of confidential communications with clergy. Information that is subject to confidentiality shall not be shared except in certain situations, such as where the information indicates imminent threat to the health and safety of others, or where the individual is obligated to report child abuse or neglect. Note that limitations of confidentiality may exist for individuals under the age of 18. Note that when an individual seeks medical treatment for sexual assault, medical personnel are required to report to the police, but such individuals are not required to file formal charges unless desired.

Individuals wishing to obtain confidential assistance without making a report to the College may do so by speaking with a Confidential Resources listed in the Sexual Misconduct and Title IX Policy.

Privacy in Compliance with Applicable Laws and Policies

All actions to address Reports and Complaints of Prohibited Conduct are conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, the Violence Against Women Act (VAWA) and College policy. The College will take great care with privacy, including in publicly available record-keeping (i.e., Clery Reporting) that excludes personally-identifiable information to the extent permissible by law.

If a report of misconduct poses an immediate threat to the community when timely notice must be given to protect the health or safety of the community, the College may not be able to maintain the same level of privacy. Immediate threatening circumstances include, but are not limited to, reported incidents of misconduct that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to the community.

No information shall be released from the proceedings under these Procedures, except as required or permitted by law and College policy.

Amnesty for Drug and Alcohol Use (Student)

The College’s goal is that all students and employees report all incidents of Prohibited Conduct so that those affected can receive the support and resources needed. To encourage reporting, the College offers students amnesty. This means that a student’s personal drug and alcohol use may be exempt from disciplinary action in situations where Prohibited Conduct also occurs. However, the College may require educational programs about the use of alcohol or drugs and their impact.

False Statements

The College expects individuals making reports or participating in the Complaint Resolution Processes described herein to do so in good faith and to provide truthful information to the best of their abilities. Knowingly providing false information to the College may result in disciplinary action under applicable College policies.

Non-Bias and Delegation of Roles and Responsibilities

The Title IX Coordinator, Investigator, Decision-Maker, Appellate Officer, any person who facilitates an Informal Resolution, or other persons fulfilling a responsibility on behalf of the College as set forth in these Procedures (collectively, “Designated Administrators”) shall be trained, neutral, impartial, and unbiased. Any of the roles and responsibilities of the Designated Administrators set forth in these Procedures may be delegated and may be performed by a College employee or an external contractor.

If a Party has concerns that a Designated Administrator has a bias or conflict of interest, the Party should submit a written request to the Title IX Coordinator to remove the Designated Administrator within one (1) business day of receiving notice of the participation of the Designated Administrator. The Party’s written request must articulate reasonable grounds to establish an actual conflict of interest or bias resulting in an inability to be fair and impartial. The Title IX Coordinator will only replace the Designated Administrator if the Title IX Coordinator determines their bias precludes impartiality or constitutes an actual conflict of interest. If a Party has concerns that the Title IX Coordinator has a bias or conflict of interest, the removal decision will be made by a Vice President of the College.

Additionally, a Designated Administrator who has reason to believe they cannot make an impartial determination must recuse themselves.

The following will not be considered evidence of bias:

The Title IX Coordinator’s initiation of a Complaint;
An individual’s decision that allegations warrant an investigation;
An individual’s current job title, professional qualifications, past experience, identity, or sex/gender; or
Use of trauma‐informed practices when such practices do not rely on sex stereotypes, apply generalizations to allegations in specific cases, cause loss of impartiality, and result in prejudgment of the facts at issue.

The College will apply an objective, common sense approach to evaluating whether a particular person serving in a role under these Procedures is biased and will exercise caution not to apply generalizations that might unreasonably conclude that bias exists.

Timeframes and Deadlines

The College will seek to respond to Reports and Complaints of violations of the Sexual Misconduct and Title IX Policy in a reasonable timeframe. To that end, the College will seek to complete an investigation in a reasonable timeframe from the Notice Letter to the Investigation Report, typically within ninety (90) business days.

The Title IX Coordinator will provide regular updates as appropriate to all Parties regarding the progress of the processes set forth in these Procedures. All timeframes and deadlines in these Procedures may be extended for good cause, generally with written notice to the Parties of the delay and the reason for the delay. Good cause may be based on delays occasioned by the complexity of the allegations, the number of witnesses involved, the availability of the Parties or witnesses, the effect of a concurrent criminal investigation, any intervening school break or vacation, or other circumstances, all of which will likely extend the length of time it takes to complete the processes set forth in these Procedures. All extensions in deadlines will be equally available to both Parties.

Record Retention

Records relative to Reports and Complaints of violations of the Sexual Misconduct and Title IX Policy will be maintained in accordance with the College’s applicable records retention policies.

Records relative to Reports and Complaints of violations of the prohibition against Title IX Sexual Harassment in the Sexual Misconduct and Title IX Policy will be maintained in accordance with the College’s applicable records retention policies and will, in addition, be maintained for seven (7) years from the date a Report is received. With regard to records of Title IX Sexual Harassment, the records will include:

Each investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript, any sanctions imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to the College’s education program or activity;
Any appeal and the result therefrom;
Any Informal Resolution and the result therefrom;
All materials used to train Title IX Coordinators, Investigators, Decision-Makers, Appellate Officers, and any person who facilitates an Informal Resolution process;
Documentation of any Supportive Measures taken in response to a Report or Complaint of Title IX Sexual Harassment, including documentation regarding the basis for any conclusion that the College’s response was not deliberately indifferent; and

Documentation of why a Complainant alleging Title IX Sexual Harassment was not provided with Supportive Measures, including the reasons why such response was not clearly unreasonable in light of the known circumstances.