Complaint Intake and Initial Fact Gathering
When the Title IX Office receives a report of sexual misconduct the Title IX Coordinator will reach out to the Complainant (the person experienced the reported misconduct) to go over options to resolve the report, such as:
- To keep report on file, however decide not to move forward with an investigation
- Title IX Coordinator speak with Respondent and offer educational, non-disciplinary, non-punitive conversation
- Resolution through informal resolution before an investigation (Note: all parties must agree and this typically would not result in a finding of misconduct for the Respondent)
- Resolution through informal resolution after an investigation (Note: all parties must agree and this typically would not result in a finding of misconduct for the Respondent)
- Accommodations and supportive measures
- Formal resolution after an investigation through the hearing process
For cases that follow the Title IX procedures under the Sexual Misconduct Policy, the Complainant must indicate in writing to the Title IX Coordinator if they wish to move the investigation phase of the Sexual Misconduct process.
Information Resolution
Agreement the Complainant, Respondent, and institution come to in closing a complaint. There are two points in the Sexual Misconduct process where a report can be resolved through informal resolution: 1) before an investigation begins or 2) after an investigation has taken place. Once informal resolution is reached, it is not appealable.
Investigation
Once an investigation has been requested, or alternatively the Title IX Coordinator has signed a formal complaint, an investigator will be assigned. An investigator is a neutral individual to collect information, text messages, videos, screenshots, etc. from all parties relevant to the investigation.
The investigator will schedule an interview with Complainant. Afterwards a Notice of Investigation will be sent to Complainant and Respondent, which includes the identities of both parties, the alleged conduct, and the date and location of the incident. The Respondent will have an opportunity to respond to the allegation and share information through written statement and/or through a meeting with investigator.
All parties have the opportunity to have a support person or advisor with them during the investigation process. In student Sexual Misconduct cased, the parties can be involved as much or as little as they choose. The investigator will draft and share with both parties an investigation report to summarize information and evidence retrieved to include the warrant of further consideration and adjudication of the alleged violation(s). After a review of the report, both parties can respond, if desired to do so.
Hearing
The Hearing Panel shall be composed of at least three (3) members made up of faculty and/or staff. Neither the Investigator nor a student shall serve on the hearing panel. The Title IX Coordinator will select the hearing panel. If a Sexual Misconduct Hearing is required, the following process will be followed.
- The Title IX Coordinator will preside at the Hearing and will rule upon all procedural matters. Information regarding prior misconduct will not be considered for the purpose of determining responsibility, but may after a finding of responsibility has been made, be considered for purposes of determining appropriate sanctions. The Title IX Coordinator may establish reasonable limits upon the time allotted to the Respondent and the Complainant for presentation and presentation of witnesses,
- The Title IX Coordinator will communicate prepare and send a written notice to the Respondent and the Complainant no less than five (5) business days prior to the date set for the Hearing. The notice will be delivered personally or sent to the Respondent and the Complainant via official AMSC email and/or emailed through Simplicity.
- If the Respondent or the Complainant cannot attend the hearing on the date scheduled for the hearing due to extraordinary circumstances, he/she must notify the Title IX Coordinator with a written request to reschedule, including reasons for the request, no later than three (3) business days prior to the hearing. The Title IX Coordinator and the Hearing Panel will determine whether to approve or deny the request to reschedule the hearing.
- If the Complainant does not want to participate in the formal resolution process, the College reserves the right to present the case at the hearing in his/her absence.
- Both the alleged victim and respondent shall have the opportunity to present witnesses and evidence to the Hearing Panel. Both parties shall have the right to question any witnesses, including the other party, by submitting written questions to the Title IX Coordinator and/or his or her designee for consideration. Witness testimony, if provided, shall pertain to knowledge and facts directly associated with the current case. Advisors may actively assist in drafting questions. The Hearing Panel shall ask the questions as written, and will limit questions only if they are unrelated to determining the veracity of the charge levied against the respondent(s). In any event, the Panel shall err on the side of asking all submitted questions, and must document the reason for not asking any particular questions.
- The Complainant, the Respondent and the Hearing Panel may arrange for witnesses to present pertinent information to the Hearing Panel.
- The Title IX Coordinator reserves the right to allow a party to testify in a separate room, when determined to be necessary. Where such a determination is made, special measures must be put in place to ensure no party is unfairly disadvantaged by this procedure. A party must still give testimony in the presence of the Panel, and the opposing party must have the opportunity to view the testimony remotely and to submit follow-up questions.
- Similarly, where the Title IX Coordinator determines that a witness or party necessary to the proceeding is unavailable and unable to be present due to exigent circumstances, he or she may establish special procedures for providing testimony from a separate location.
In cases that are unresolved through an informal process after an investigation is complete, a final report will be sent to the Director of Student Conduct. The Director of Student Conduct will communicate with both parties the details of a hearing process. For Title IX procedures under Sexual Misconduct Policy, during the hearing the Complainant and Respondent must have an advisor to conduct cross examination.
In cases that are unresolved through an informal process after an investigation is complete, a final report will be sent to the Director of Student Conduct. The Director of Student Conduct will communicate with both parties the details of a hearing process. For Title IX procedures under Sexual Misconduct Policy, during the hearing the Complainant and Respondent must have an advisor to conduct cross examination.
Sexual Misconduct Process