Initial Assessment for Procedural Options

When a preliminary report is made, the Title IX Coordinator will reach out to the complainant to offer supportive measures and seek to determine if the person impacted wishes to make a formal complaint, and will assist them in doing so, if desired. The Title IX Coordinator will ensure the complainant is aware of the right to have an adviser. A complainant may request confidentiality, that their name or other identifying information not be disclosed to the respondent, that their report not be considered a formal complaint, and/or that an investigation not be undertaken. Supportive measures will be available even if the complainant does not wish to make a formal complaint or pursue a resolution option.

Filing of a Formal Complaint

The Title IX Coordinator will evaluate all preliminary reports of misconduct that may violate this policy within 5 days of receipt. When the alleged behavior, if true, would constitute prohibited conduct under this policy, the Title IX Coordinator will make a preliminary evaluation as to whether the prohibited conduct would potentially constitute Title IX Misconduct or SLC Gender-Based Misconduct. The Title IX Coordinator will then evaluate whether the report constitutes a formal complaint and the College will initiate a resolution process. If the preliminary report does not constitute a formal complaint and the complainant chooses to file one, the Title IX Coordinator will assist the complainant with how to do so. When the alleged misconduct in a preliminary report, if true, would not constitute prohibited conduct under this policy but may violate a different College policy, the Title IX Coordinator will refer the report to the appropriate office or official within the College for response and resolution.

To file a formal complaint, a complainant must provide the Title IX Coordinator with a written, signed complaint describing the facts alleged. A formal complaint is required for both Title IX Misconduct allegations and SLC Gender-Based Misconduct allegations. If a complainant chooses to file a formal complaint electronically, the Title IX Coordinator will provide the complainant with an online form to complete and digitally sign.

Consolidation

The Title IX Coordinator may determine that allegations arising out of the same set of facts should be consolidated for the purposes of the investigation and/or adjudication. Instances where consolidation of formal complaints may occur include, but are not limited to: cross-complaint made by the parties against each other, multiple complaints made by a single complainant against a respondent, or multiple complaints by a single complainant against multiple respondents. Separate determinations of responsibility will be made for each respondent with respect to each alleged policy violation.

Dismissal

The Title IX Coordinator must “dismiss” a Title IX Misconduct formal complaint if it is apparent that the allegations are not within the scope of Title IX, including that the conduct alleged: even if proven, would not constitute sexual harassment as defined as a Title IX violation (i.e., Title IX Misconduct); did not occur in the College’s education program or activity; or did not occur against a person in the United States. If Title IX Misconduct violations are dismissed, the College may continue to process the allegations as SLC GBM violations, as appropriate.

At any point in the process, the Title IX Coordinator may determine that facts have emerged that require the dismissal of a formal complaint of either Title IX Misconduct or SLC GBM violations. The Title IX Coordinator may dismiss a formal complaint in the following circumstances:

• The complainant notifies the Title IX Coordinator in writing that they want to withdraw their formal complaint or any allegations raised in the formal complaint;
• The respondent is no longer enrolled or employed by Sarah Lawrence College;
• The College is unable to identify the respondent after taking reasonable steps to do so; or
• Circumstances exist that prevent the College from gathering evidence sufficient to reach a determination as to the Title IX Misconduct or SLC GBM violation allegations therein.

If a formal complaint is dismissed, the College will promptly send notice of the dismissal and the reason(s) for such dismissal to the complainant and respondent and the parties will be notified about their opportunity to appeal, as detailed below.

When A Complainant Does Not Wish To Proceed

If a complainant’s identity is unknown or a complainant declines to participate in the formal complaint and resolution process, the Title IX Coordinator will consider whether the alleged conduct presents an imminent and serious threat to the health and safety of the complainant or another person, or whether the alleged conduct prevents the College from ensuring equal access on the basis of sex to its education program or activity.

The Title IX Coordinator will make a fact-specific determination and will consider the following factors:

• The complainant’s request not to proceed with initiation of a resolution process;
• The complainant’s reasonable safety concerns regarding initiation of a resolution process;
• The risk that additional acts of prohibited conduct would occur if a resolution process is not initiated;
• The severity of the alleged prohibited conduct, including whether the discrimination or misconduct, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the prohibited conduct and prevent its recurrence;
• The age and relationship of the parties, including whether the respondent is an employee and/or the extent of the respondent’s participation in the College’s education program or activity;
• The scope of the alleged prohibited conduct, including information suggesting a pattern, ongoing prohibited conduct, or prohibited conduct alleged to have impacted multiple individuals;
• The availability of evidence to allow a hearing chair to determine whether prohibited conduct occurred; and
• Whether the College could end the alleged prohibited conduct and prevent its recurrence without initiating a resolution process.

If the Title IX Coordinator determines there is sufficient cause to move forward with the complaint, the Title IX Coordinator may initiate a Formal Investigation and Hearing Process and file a formal complaint. In such cases, the Title IX Coordinator is not considered to be a complainant or other party under this policy. The complainant may have as much or as little involvement in the process as they wish. The complainant retains all rights of a complainant under the policy irrespective of their level of participation and will be notified throughout the process as though they were participating.