Title IX Grievance Process

The following complaint procedures shall be used to address any complaint governed by Title IX of the Education Amendments Act of 1972 alleging that an employee or an individual enrolled in a GWSV educational program or activity, was subjected to one or more of the following forms of sexual harassment:

1. An employee conditioning the provision of a GWSV aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a GWSV’s education program or activity.

3. Sexual assault, dating violence, domestic violence, or stalking.

All other sexual harassment complaints shall be investigated and responded to pursuant to GWSV’s nondiscrimination complaint process. The determination of whether the allegations meet the definition of sexual harassment under Title IX will be made by the Title IX Coordinator.

A report of Title IX sexual harassment shall be submitted directly to or forwarded to the Vice President of Human Resources who shall also serve as the Title IX Coordinator.

Upon receiving such a report, the Title IX Coordinator shall inform the complainant of the process for filing a complaint.

Even if the alleged victim chooses not to file a formal complaint, the Title IX Coordinator will file a formal complaint in situations in which a safety threat exists.

A formal complaint, with the complainant’s physical or digital signature, may be filed with the Title IX Coordinator in person, by mail, or email.

The Title IX Coordinator, investigator, decision-maker, or a facilitator of an informal resolution process shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent, and such persons shall receive training in compliance with Title IX regulations.

Supportive Measures

Upon receipt of a report of Title IX sexual harassment, even if a formal complaint is not filed, the Title IX Coordinator shall promptly contact the complainant to discuss the availability of supportive measures which are non-disciplinary, non-punitive, and do not unreasonably burden the other party. Such measures may include, but are not limited to, extensions of deadlines, modifications of work schedules, mutual restrictions on contact, changes in work locations, leaves of absence, increased security, and monitoring of certain work sites. The Title IX Coordinator shall consider the complainant’s wishes with respect to supportive measures.

Emergency Removal

If the respondent is an employee, the employee may be placed on paid administrative leave during the pendency of the formal complaint process.

If the respondent is an individual enrolled in a GWSV education program or activity, GWSV may, on an emergency basis, remove the individual from the education program or activity provided that an individual safety and risk analysis determines that the removal is justified due to an immediate threat to the physical health or safety of an individual arising from the allegations, and the individual being removed is provided with notice and an opportunity to challenge the decision immediately following the removal.

Dismissal of Complaint

The Title IX Coordinator shall dismiss a formal complaint if:
1. The alleged conduct would not constitute sexual harassment as defined under Title IX, even if proved to be true.

2. The alleged conduct did not occur at GWSV or at a GWSV sponsored program or activity.

3. The alleged conduct did not occur against a person in the United States.

The Title IX Coordinator may dismiss a formal complaint if:

1. The complainant notifies GWSV in writing that the complainant would like to withdraw the complaint or any allegations in the complaint.

2. The respondent is no longer employed by GWSV or enrolled in a GWSV program or activity.

3. Sufficient circumstances prevent GWSV from gathering evidence to reach a determination with regard to the complaint.

Upon dismissal of a complaint, the Title IX Coordinator shall promptly, and simultaneously send to both parties written notice of the dismissal and the reasons for the dismissal.

If a complaint is dismissed on the grounds that the alleged conduct does not constitute sexual harassment as defined by Title IX, the conduct may still be addressed pursuant to GWSV’s nondiscrimination complaint process.

Informal Resolution Process

When a formal complaint of Title IX sexual harassment is filed, an informal resolution process may be offered to the parties, such as mediation, at any time prior to reaching a determination regarding responsibility. Parties shall not be required to participate in the informal resolution process or to waive the right to an investigation and adjudication of a formal complaint. An informal resolution process will not be used to resolve allegations that an employee sexually harassed a minor student participating in a GWSV education program or activity.

Prior to commencing an informal resolution process, the following steps will be taken:

1. Both parties will be provided with written notice disclosing the allegations, the requirements of the informal resolution process, the right to withdraw from the informal process and resume the formal complaint process, and any consequences resulting from participating in the informal resolution process, including that records will be maintained or could be shared with the other party.

2. The parties’ voluntary, written consent to the informal resolution process will be obtained.

Formal Complaint Process

Notice Requirements

If a formal Title IX complaint is filed, the Title IX Coordinator shall provide the known parties with written notice of the following:

1. The Title IX grievance process, including any informal resolution process.

2. The allegations potentially constituting sexual harassment with sufficient details known at the time, including the identities of the parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident if known. Such notice shall be provided with sufficient time for the parties to prepare a response before any initial interview.

If, during the course of the investigation, the investigator investigates allegations about the complainant or respondent that are not included in the initial notice, the Title IX Coordinator shall provide notice of the additional allegations to the parties.

3. A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the complaint process.

4. The opportunity for the parties to have an advisor of their choice who may be, but is not required to be, an attorney, and the ability to inspect and review evidence.

5. The prohibition against knowingly making false statements or knowingly submitting false information during the complaint process.

The above notice shall also include the name of the investigator, facilitator of the informal process, and decision-maker and shall provide either party with no less than three calendar days to raise concerns of conflict of interest or bias regarding any of these persons.

Investigation Process

An investigator will be designated to investigate a formal Title IX complaint. The investigation process shall comply with the following:

1. The parties will be provided an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

2. No restrictions will be placed on the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

3. Both parties will be provided with the opportunity to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. Restrictions may be established regarding the extent to which the advisor may participate in the proceedings as long as the restrictions apply equally to both parties.

4. All parties whose participation is invited or expected, will receive written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings, with sufficient time for the party to prepare to participate.

5. Both parties and their advisors, if any, will receive in electronic format or hard copy, the evidence that is directly related to the allegations raised in the complaint. The parties will be provided at least 10 days to submit a written response for the investigator to consider prior to the completion of the investigative report.

6. All relevant evidence will be objectively evaluated, including both inculpatory and exculpatory evidence, and credibility will be determined in a manner that is not based on a person’s status as a complainant, respondent, or witness.

7. The investigator will prepare an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to the determination of responsibility, the report will be sent to the parties and their advisors, if any, in an electronic format or a hard copy, for their review and written response.

8. After the investigative report is sent to the parties and before a determination regarding responsibility is reached by the decision-maker, each party will be afforded the opportunity to submit written, relevant questions that the party wants asked of any party or witness. Both parties will be provided with the answers, and will be allowed to submit additional, limited follow-up questions.

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

Written Decision

A decision-maker will be designated to determine responsibility for the alleged conduct. The decision-maker will not be the same person as the Title IX Coordinator or the investigator.

The decision-maker shall issue, and simultaneously provide to both parties, a written decision as to whether the respondent is responsible for the alleged conduct.

The written decision shall be issued within 60 calendar days of the receipt of the complaint.

The timeline may be extended for good cause with written notice to the complainant and respondent of the extension and the reasons for the action.

The “preponderance of evidence” standard shall be used for all formal complaints of sexual harassment.

The written decision shall include the following:

1. Identification of the allegations potentially constituting sexual harassment as defined under Title IX.

2. A description of the procedural steps taken from receipt of the formal complaint through the written decision, including any notifications to the parties, interviews with the parties and witnesses, site visits, and methods used to gather other evidence.

3. Findings of fact supporting the determination.

4. Conclusions regarding the application of GWSV’s Code of Conduct and Ethical Standards and any other relevant rules of conduct.

5. A statement of, and rationale for, the result as to each allegation, including a decision regarding responsibility, any disciplinary sanctions imposed on the respondent, and whether remedies designed to restore or preserve equal access to GWSV’s educational program or activity will be provided to the complainant.

6. Appeal procedures available to the complainant and respondent including permissible bases for an appeal.

Appeals

Either party may appeal the decision or dismissal of a formal Title IX complaint or any allegation in the complaint, if the party believes that a procedural irregularity affected the outcome, new evidence is available that could affect the outcome, or a conflict of interest or bias by the Title IX Coordinator, investigator, or decision maker affected the outcome.

An appeal must be filed in writing within 10 calendar days of receiving the determination, stating the grounds for the appeal and including any relevant documentation in support of the appeal. Appeals submitted after this deadline will not be considered. Employee complainants also have the right to file a complaint with the U.S. Equal Employment Opportunity Commission.

A trained decision-maker for the appeal will be designated and will not be the same person as the Title IX Coordinator, investigator, or the decision-maker who reached the determination regarding responsibility or dismissal.

The decision-maker for the appeal will take the following steps:

1. Notify the other party in writing that an appeal has been filed.
2. Provide both parties a reasonable opportunity to submit a written statement in support of, or challenging, the outcome of the appeal.

3. Issue a written decision describing the result of the appeal and the rationale for the result.

4. Provide a copy of the written decision to both parties simultaneously within 20 calendar days from receipt of the appeal.

Remedies

When a determination of responsibility for sexual harassment has been made against the respondent, remedies shall be provided to the complainant.

Disciplinary Action

No disciplinary or other adverse actions will be taken against the respondent until the complaint procedure has been completed and a determination of responsibility has been made.

When an employee has been found to have committed sexual harassment or retaliation, the employee will be subject to disciplinary action, up to and including dismissal.

Record-Keeping

A record of all reported Title IX cases and investigations of sexual harassment will be maintained for seven years, including any determinations of responsibility, any audio or audiovisual recording and transcripts if applicable, any disciplinary sanctions imposed, any remedies and supportive measures provided to the complainant, and any appeal or informal resolution proceedings and their results.

For any complaints, please direct them to our VP of HR or General Counsel: (408) 869-9239 – chrisschumb@goodwillsv.org