Upon receipt of a report, Wells College will impose reasonable and appropriate interim measures designed to eliminate the hostile environment and protect the parties involved. Wells College will make reasonable efforts to communicate with the parties to ensure that all safety, emotional, and physical well-being concerns are being addressed. Interim measures may be imposed regardless of whether formal disciplinary action is sought by the Complainant or the College.
A Complainant or Respondent may request a No-Contact Order or other protection, or the College may choose to impose interim measures at its discretion to ensure the safety of all parties, the broader Wells College and Aurora community, and/or the integrity of the process.
All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure. The College will take immediate and responsive action to enforce a previously implemented measure.
Range of Measures: Interim measures will be implemented at the discretion of the College. Potential remedies, which may be applied to the Complainant and/or the Respondent, include but are not limited to:
Interim Suspension or Separation: When the report of sexual misconduct poses a substantial and immediate threat of harm to the safety or well-being of an individual, members of the campus and/or Aurora community, or the performance of normal College functions, the College may place a student or student organization on interim suspension. Pending resolution of the report, the individual or organization may be denied access to campus, campus facilities, and/or all other college activities or privileges for which the student might otherwise be eligible, as the College deems appropriate. When the accused is not a student but is a member of the College community, he or she is subject to interim suspension and/or other measures in accordance with applicable collective bargaining agreements and College employment policies and procedures.
Right to Review: At any time, the complainant or accused may request review of the need for and the terms of any interim measures or accommodations imposed or requested that affect the individual directly and may submit evidence in support of his/her request. A request to add to, modify or eliminate an interim measure or accommodation may be made to the Title IX Coordinator. Upon receipt of such a request, the Title IX Coordinator will inform the other party of the request and allow the other party to respond, including submitting evidence if desired. The Title IX Coordinator will respond to the request as promptly as possible, but generally no later than one calendar week after the request and the parties’ submission of any evidence. The Title IX Coordinator may modify the interim measures or accommodations on a temporary basis while the parties are submitting their information and responses.
Upon receipt of a report, the College’s Title IX Coordinator and/or Deputy will conduct an initial Title IX assessment. The goal of this assessment is to provide an integrated and coordinated response to reports of sexual misconduct. The assessment will consider the nature of the report, the safety of the individual and of the campus community, and the Complainant’s expressed preference for resolution.
At the conclusion of the assessment, the College may choose to pursue an informal resolution, a remedies-based approach that does not involve disciplinary action against a Respondent, or refer the matter for investigation. The goal of an investigation is to gather all relevant facts and determine if there is sufficient information to refer the report to the Dean of Students, or hir designee, for disciplinary action using Wells College’s formal resolution procedures. The initial steps for resolution of a complaint against a student, an employee, or a faculty member will involve the same stages: an initial assessment, investigation, and either informal or formal resolution. Within these steps, there are specific procedures.
The Role of the Title IX Team: The Title IX team is led by the Title IX Coordinator, and includes one deputy and eight investigators. Their roles are to assist in the review, investigation, and resolution of reports. Composition of the team will be limited to a small circle of individuals who “need to know” in order to implement procedures under this policy.
The College directs individuals to make reports to the Title IX team to ensure consistent application of the policy to all individuals, and to allow the College to respond promptly and equitably to eliminate the harassment, prevent its recurrence, and address its effects.
The members of the Title IX team oversee the resolution of a report under this policy. Resources are available for both students and employees, whether as Complainant or Respondents, to provide guidance throughout the investigation and resolution of the complaint. Interim Remedies are also available to provide protection and security.
The Stages of a Title IX Report:
1. Initial Title IX Assessment: In every report of sexual misconduct, Wells College will make an immediate assessment of any risk of harm to individuals or to the campus and/or Aurora community. This assessment includes consideration of whether there is an apparent imminent threat to the reporting individual or the community, the immediate medical and mental health needs of the Complainant, and the Complainant’s desire to proceed with the College’s investigation process, a report to law enforcement authorities, both, or neither.
Once the assessment is made the College will take steps to attempt to mitigate any risks. These steps may include interim protective measures to provide for the safety of the individual and the community. The initial review will proceed to the point where a reasonable assessment of the safety of all involved parties and the community can be made. Thereafter, the investigation may be initiated depending on a variety of factors, such as the Complainant's wish to pursue disciplinary action, the risk posed to any individual or the campus community by not proceeding, and the nature of the allegation. The decision as to whether to proceed with an investigation may be changed at any time based on the circumstances.
2. Investigation: Where the Title IX assessment concludes that a report appears to allege a plausible violation of this policy and the Complainant chooses to move forward (or the College otherwise elects to proceed as described above), the College will initiate an investigation. The College will designate a team of two investigators, with specific training on investigating allegations of sexual misconduct. Trained investigators include the Campus Life staff, Campus Safety staff, and the Title IX team. Any investigator chosen to conduct the investigation must be impartial and free of any conflict of interest.
The investigator(s) will conduct the investigation in a manner appropriate in light of the circumstances of the case and will typically begin with an interview with the Complainant. The investigators will then contact the Respondent with written notice describing date, time, location and factual allegations concerning the alleged violation(s); a reference to the specific code of conduct provisions alleged to have been violated, including possible sanctions; the opportunity to offer evidence during the investigation; the right to have access to a full and fair record of any such investigation; the right to access to an appeal of the determination; and the right to have an advisor of choice.
The interviews will be supplemented by the gathering of any physical, documentary or other evidence. As part of the investigation, the College will provide an opportunity for the parties to present witnesses and other evidence. The investigation is designed to provide a fair and reliable gathering of the facts. The investigation will be thorough, impartial and fair, and all individuals will be treated with appropriate sensitivity and respect. As described in the Privacy and Confidentiality section, the investigation will be conducted in a manner that is respectful of individual privacy concerns. In situations of alleged sexual misconduct, the Complainant and Respondent may be accompanied by an advisor of their choice and at their own expense, if the advisor is a paid advisor. The Complainant and Respondent are expected to speak for themselves, and advisors must not obstruct the process or otherwise be disruptive to the interview or meeting.
The Complainant and Respondent shall have the right to exclude their own prior sexual history with persons other than the other party or their own mental health diagnosis and/or treatment from the investigation and disciplinary hearing process.
The College will seek to complete the investigation within 14(fourteen) days of receiving the complaint, but this time frame may be extended depending on the complexity of the circumstances of each case.
At the conclusion of the investigation, the investigator(s) will prepare a written report synthesizing the facts and the investigators’ conclusions. The investigation report will contain a recommendation as to a finding of no responsibility or responsibility, and if appropriate, recommended sanction(s). This report will be forwarded to the Dean of Students (for student respondents), Director of Human Resources (for staff respondents), Provost (for faculty respondents) or Head of Security (for non-community member respondents).
Based on the information gathered in the initial Title IX assessment and/or full investigation, the College will take appropriate measures designed to end the sexual misconduct, prevent its recurrence and address its effects.
The Title IX Coordinator and/or Deputy will document each report or request for assistance in resolving a case involving charges of sexual misconduct, whether formal or informal, and will review and retain copies of all reports generated as a result of investigations for a minimum of five years. These records will be kept confidential to the extent permitted by law.
3. Informal Resolution: In some cases, an informal resolution may be appropriate. Informal resolution is a remedies-based, non-judicial approach designed to eliminate a hostile environment without taking formal disciplinary action against a Respondent. Where the Title IX Coordinator concludes that informal resolution may be appropriate, the College will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the Complainant’s access to the educational and extracurricular activities at the College and to eliminate a hostile environment. Examples of protective remedies are provided in the section titled “Interim Remedies.” Other potential remedies include targeted or broad-based educational programming or training, directives for future behavior issued to the Respondent and/or indirect action by the Title IX Coordinator/Deputy or the College. Depending on the form of informal resolution used, it may be possible to maintain anonymity.
The College will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of informal resolution. Mediation, even if voluntary, may not be used in cases involving sexual violence or assault. The decision to pursue an informal resolution will be made when the College has sufficient information about the nature and scope of the conduct, which may occur at any time. Participation in informal resolution is voluntary, and a Complainant or the Respondent can request to end informal resolution at any time. Both Complainant and Respondent may be assisted by an advisor of their choice during an informal resolution.
The Title IX Coordinator will maintain records of all reports and conduct referred for informal resolution. Informal resolution will typically be completed within thirty (30) days of the initial report.
4. Formal Resolution: Disciplinary action against a Respondent may only be taken through Formal Resolution procedures. Because the relationship of students, staff, and faculty to the College differ in nature, the procedures that apply when seeking disciplinary action necessarily differ as well. Each of the procedures, however, is guided by the same principles of fundamental fairness and respect for all parties, which require notice, an equitable opportunity to be heard, and an equitable opportunity to respond to a report under this policy.
The specific procedures for Formal Resolution vary based upon the status of the Respondent:
In all of the above procedures, the standard to be applied in determining whether a violation occurred is “preponderance of the evidence”, and the complainant and respondent will be provided an equal opportunity to offer evidence and witnesses and to be accompanied by an advisor.
Advisors
The Complainant and Respondent may choose to be assisted by an advisor. The Dean of Students Office maintains a list of campus community members who have undergone Title IX training and are available to act as advisors. The Complainant and/or Respondent may choose as an advisor a person not a member of the college community, including an attorney at the party’s own expense. The advisor may accompany the Complainant or Respondent to any College investigative, administrative or adjudicative meeting in connection with formal or informal resolution processes. The advisor may not make statements, objections or arguments but may consult quietly with the party. The advisor will not have access to the case file or the results of the findings in the case, unless shared by the complainant or respondent. Absent extenuating circumstances, witnesses and others involved in an investigation or hearing are not entitled to have an advisor present.
Disciplinary Procedure for Students: The Dean of Students will receive and review the investigation report. The Dean of Students may request to meet with either party or that further information be gathered, if deemed necessary in hir discretion. The Dean of Students may uphold or modify the investigator(s)’s recommendation as to the finding of responsibility or no responsibility. In the event a Respondent is found responsible for one or more violations, both the Complainant and Respondent shall have the opportunity to make a written impact statement to the Dean of Students for hir consideration in determining appropriate sanctions. In writing the impact statement, both the Complainant and Respondent may review the case file, witness and party statements, and investigative report, to the extent allowed or required by FERPA. In making a determination regarding sanctions, the Dean of Students may consider the parties’ impact statements and the investigators’ recommendation regarding sanctions, if any. The Dean of Students may also consult with the Title IX Coordinator and other appropriate College officials. Past findings of domestic violence, dating violence, stalking or sexual assault may be considered for purposes of determining an appropriate sanction.
Both complainant and respondent will receive simultaneous written notice of the findings of fact, the decision as to responsibility and the sanction, if any, as well as the rationale for the decision and sanction.
The Dean of Students may designate hir authority to another administrator.
Appeal:
Either party, complainant or respondent, may appeal the Dean of Students’ decision to the appeal panel comprised of three members of the Wells Community who have been trained in Title IX and the colleges appeal process. The appeal panel will be called together at the request of the Title IX coordinator. The parties will be given equal access to review any party or witness statements and the investigatory report, to the extent allowed or required by FERPA. The appeal must be filed in writing within five (5) business days of receiving the written outcome. The appeal shall consist of a plain, concise and complete written statement outlining the grounds for appeal and all relevant information to substantiate the basis for the appeal. The grounds for appeal are limited to:
In the event of an appeal, the panel may:
In any request for an appeal, the burden of proof lies with the party requesting the appeal, as the original determination and sanction are presumed to have been decided reasonably and appropriately. The Title IX coordinator shall first consider whether the appeal is timely filed and if so, whether the appeal is properly framed based on the grounds. If the Title IX coordinator determines that the appeal is not properly framed, the appeal will be denied.
Appeals are not intended to be full reinvestigation of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation collected in the investigation, and pertinent documentation regarding the grounds for appeal.
Sanctions imposed by the Dean of Students are implemented immediately unless the Title IX coordinator or the appeal panel stays implementation in extraordinary circumstances, pending the outcome of the appeal. Pending graduation, study abroad, internships/externships, or other events do not typically constitute extraordinary circumstances. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term. The panel will render a written decision on the appeal to the Complainant and Respondent within fifteen (15) business days from the date of the submission of all appeal documents by both parties. Appeal decisions are final.
Time Frame for Resolution: Wells College seeks to resolve all reports within 60 days of the initial report. All time frames expressed in this policy are meant to be guidelines rather than rigid requirements. Extenuating circumstances may arise that require an extension of time frames, including extension beyond 60 days. Extenuating circumstances may include the complexity and scope 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 unforeseen circumstances.
In general, a Complainant and Respondent can expect that the process will proceed according to the time frames provided in this policy. In the event that the investigation and resolution exceed this time frame, Wells College will notify all parties of the reason(s) for the delay and the expected adjustment in time frames. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.
Possible Sanctions:
Possible sanctions include, but are not limited to:
Notification of Outcome: The Complainant and Respondent will be notified simultaneously and in writing of the factual findings supporting the determination, the decision as to responsibility and the sanction(s), if any, as well as the rationale for the decision and sanction(s). To the extent permitted by law, the complainant will be informed of responsive/disciplinary action taken by the College, if any.
Conflict of Interest: Any person empowered by this policy to take action may designate hir authority to another due to a conflict of interest or for any other reason deemed necessary or appropriate.
Transcript Notation: For those crimes of violence that Wells College is required by federal law to include in its Annual Security Report, the transcripts of students found responsible after a hearing and appeal, if any, shall include the following notation:
Transcript notations for suspensions may be removed at the discretion of the College, but no earlier than one (1) year after the conclusion of the suspension. Transcript notations for expulsion shall not be removed.
