Title IX Procedure

Carthage will use this procedure to investigate every formal complaint. If the formal complaint identifies an employee as the respondent, Carthage will follow the procedures in Carthage’s Faculty Handbook or Employee Handbook, which are analogous to this procedure. Carthage will follow this procedure as closely as possible, being mindful that circumstances may limit its ability to investigate, conduct a hearing, and levy sanctions.

Procedural Definitions

Report

Information provided about possible sexual harassment.

Formal Complaint

提交给第九条协调员或副手的性骚扰书面指控，将在此过程中引发正式调查. A formal complaint must be signed by the complainant or Title IX representative.

Complainant

An individual who has experienced sexual harassment.

Respondent

被举报有可能构成性骚扰行为的人.

Preponderance of Evidence

Under the preponderance standard, 当有举证责任的一方使决策者相信该主张为真的可能性大于50%时，即履行举证责任.

Hearing Panelists

Carthage faculty and staff members who serve on hearing and appeals panels. Hearing panelists will receive annual training on the definition of sexual harassment, the scope of Carthage’s educational programs and activities, how to conduct an investigation and grievance process, how to serve impartially, and on technology used during hearings. Faculty members are appointed by the Office of the Provost, and staff members are appointed by the Director of Human Resources.

Hearing Panel

Three hearing panelists who conduct the hearing on and decide the outcome of a formal complaint, including any sanctions against the respondent. Every hearing panel will have a chairperson who presides over the process. Every hearing panel will have at least one faculty member and one staff member. If possible, every hearing panel will have at least one male and one female member. If, because of bias or a conflict of interest, a hearing panelist cannot participate in a hearing panel, another hearing panelist will take their place.

Appeals Panel

Three hearing panelists who review appeals from a hearing panel’s decision on a formal complaint. Every appeals panel will have a chairperson who presides over the process. Every appeals panel will have at least one faculty member and one staff member. If possible, every appeals panel will have at least one male and one female member. 曾在一宗书面投诉的聆讯小组任职的聆讯小组成员，不会在同一宗书面投诉的上诉小组任职. If, because of bias or a conflict of interest, a hearing panelist cannot participate in an appeals panel, another hearing panelist will take their place.

Title IX Advisor

Both the complainant and the respondent may choose one advisor who may accompany them to any meetings, hearings, and appeals in the process. 第九条顾问仅在提交正式投诉和调查过程中为当事人提供情感支持. 顾问不得代表投诉人或被投诉人与第九条代表或调查人员沟通或交谈. At the hearing, 一方的顾问将向另一方和任何证人询问所有相关问题和后续问题, including those challenging credibility. If a party does not have an advisor, one will be assigned with no fee for the live hearing.

Investigator

Carthage employees who investigate formal complaints of sexual harassment. If, because of bias or a conflict of interest, a party can request a different investigator at the notice of formal complaint. 本政策的参考资料部分列出了学生办公室/学生事务主任的联系信息. 任何作为调查人员的人都将接受关于性骚扰定义的年度培训, the scope of Carthage’s educational programs and activities, 在保障投诉人安全及假设答辩人无罪的情况下进行调查.

Procedure

Carthage prefers to receive reports, take statements, hold meetings, and conduct hearings in person. However, extenuating circumstances, such as breaks between terms or the unavailability of certain parties, may require parties or witnesses to appear and communicate by telephone, video chat, or similar methods. At the request of the complainant or the respondent, and for good cause, meetings or hearings may be conducted with the complainant and the respondent in separate rooms. Complainants and respondents are treated equitably through the process.

Records

After the conclusion of the investigation and before any hearing, either the complainant or the respondent may review any information that will be used at the hearing, including any information gathered during the investigation that will not be used at the hearing. 当调查摘要可用时，调查人员将以书面形式通知当事人，学生将有10天的时间在现场听证会之前进行审查.

Time Frame

Carthage expects investigations, hearings, and appeals will occur in a reasonably prompt time frame. Extenuating circumstances, such as breaks between terms or the unavailability of key parties, may cause delays. At any point, 投诉人或被投诉人均可致函调查人员或听证主席，要求延长任何日期或最后期限, who will notify both parties of any such extension in writing.

Investigation and Hearing

Upon the filing of a formal complaint, the investigator will notify the respondent of the formal complaint, inform them of their rights and resources, and allow inspection of the formal complaint. 被投诉人在审查正式投诉书后，可以尽快提出书面反驳. Respondent(s) are presumed innocent until a determination by the hearing panel.
然后，调查人员将审查书面投诉和被申请人的反驳，并调查当事人的主张. The investigator may request statements from the parties or witnesses and may meet with witnesses, the complainant, and the respondent. 调查人员会定期向投诉人和答辩人通报调查的最新进展.
Once the investigator has completed the investigation summary, they will inform the complainant and respondent so they may review and submit a response. After both parties have reviewed or 10 days have elapsed, the investigation summary will be sent to the hearing panel and a hearing will be scheduled.
At that hearing, 投诉人和被投诉人都有机会就正式投诉提供证据. The hearing can include statements from the parties, questioning of the parties, questioning of witnesses, and presentation of documentary or physical evidence. 聆讯小组将控制聆讯，并对证据的提出拥有全权裁量权.
During the hearing, 每一方的顾问将被允许向另一方和任何证人询问所有相关问题和后续问题, including those challenging credibility. If a party does not have an advisor at the hearing, the institution will provide one, specifically for the purposes of conducting cross-examination on behalf of that party. Before any party or witness answers a question, the panel chair must first determine if the question is relevant. If the question is determined irrelevant, the panel chair must explain the decision at that time.
After the hearing, the hearing panel will determine, by a preponderance of the evidence, whether the respondent violated the sexual harassment policy. If the hearing panel determines that the respondent committed sexual harassment, the hearing panel will also assess an appropriate sanction against the respondent.
听证小组主席将把听证小组的决定通知学生事务副主任/学生行为主管, its rationale, and any sanction in a written hearing summary. 然后，学生事务副院长/学生行为主管将把听证小组的决定告知投诉人和被投诉人，并以书面形式通知双方他们有权上诉. If the parties do not appeal within three days of receiving notification, the hearing panel’s decision is final.

Records

An audio, 将制作听证的视听记录或笔录，供各方查阅.

Appeals

投诉人或被投诉人可在接获通知后三日内，就聆讯小组的决定提出上诉. A party may only appeal based upon one of the following grounds:

当时无法合理获得的新证据，可能会影响案件的结果.
Procedural irregularity that affected the outcome of the matter.
对投诉人或被投诉人整体或个别投诉人或被投诉人有偏见或利益冲突, and that bias or conflict-affected the outcome.

上诉方必须向学生事务副院长/学生行为主管提交一份书面声明，要求并阐述上诉的依据. The non-appealing party will be notified in writing when an appeal is filed. The Associate Dean of Students/Director of Student Conduct will convene an appeal panel. The appeal panel may do any of the following:

Affirm the hearing panel’s decision.
Amend the original sanction.
Require a new hearing and decision.

上诉小组主席将以书面摘要的形式通知学生事务副主任/学生行为主管小组的决定和理由. 学生事务副院长/学生操守主任会同时以书面形式向投诉人和答辩人传达上诉结果和理由.

The decision of an appeals panel is final.

Sanction

对违反性骚扰政策负责的任何答辩人的处罚将包括下列一项或多项制裁:

No Contact Order — The respondent may not contact the complainant.
缓刑-任何进一步违反bv伟德ios下载政策的行为都可能导致立即被驱逐出宿舍, suspension, or dismissal.
搬离宿舍-申请人将被搬离bv伟德ios下载的校内宿舍，并被安置到另一个或校外宿舍.
禁止进入大学设施——被调查者不得进入校园的某些区域或使用某些校园服务.
活动限制-可能会限制被调查者参加大学活动的能力.g. co-curricular, extra-curricular, or campus events such as athletic competitions, theater performances, speakers, or more.)
休学——答辩人被开除学生一段时间(通常不少于一个学期的剩余时间，也可能是几年)。. Suspension can be a specific duration or indefinite and subject to later reconsideration. Unless otherwise specified, 暂停包括禁止进入校园，直到被告有资格重新申请.
Expulsion — The respondent is permanently dismissed from Carthage. Unless otherwise specified, dismissal includes a ban from campus and no eligibility to return to Carthage.