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Title IX Hearing Interim Procedures

1.0 Overview of Hearing Procedures

The Title IX Hearing Procedures apply to all Formal Complaints alleging violations of the Title IX Sexual Harassment Policy, which addresses Sexual Harassment: Hostile Environment Sexual Harassment, and Quid pro Quo Sexual Harassment; Sexual Assault; Dating Violence; Domestic Violence; and Stalking. 

The Title IX Hearing Procedures apply when a Title IX Formal Complaint also includes alleged violations of the College’s Policy Against Discrimination, Harassment, and Sexual Misconduct for conduct not covered by Title IX, as well as alleged collateral misconduct governed by other College student or employee policies that occurred in connection with the conduct underlying the Title IX allegations (for example, conduct arising from the same incident or related incidents). In these circumstances, the Assistant Vice President (AVP) for Institutional Equity and the Title IX Coordinator will consult with appropriate College officials to determine the applicable policies and charges.

1.1 Referral to Hearing

Provided that the Formal Complaint is not resolved through Informal Resolution, once the Final Investigation Report is shared with the Parties, the Assistant Vice President for Institutional Equity and Title IX Coordinator will refer the Formal Complainant for a hearing (“Title IX Hearing”). Absent exigent circumstances, the Parties must provide all relevant evidence to the Investigator before completion of the Final Investigation Report. Any evidence provided after that time is only included at the discretion of the Decision-Maker.

The Assistant Vice President (for Institutional Equity and Title IX Coordinator, or designee, will provide the Parties and their Advisors with a written Notice of Hearing at least 10 days before the scheduled Hearing and inform them of the name of the assigned external Decision-Maker (see section 1.3 below).

1.2 Accessibility and Accommodations to Participate in the Title IX Hearing

Disability-related accommodations and other necessary assistance, including interpreter services and technology support, will be coordinated by the Office for Institutional Equity in consultation with appropriate College officials and departments. Requests for accommodations or assistance should be made as far in advance of the scheduled hearing date as reasonably possible, but no later than five (5) business days before the scheduled Hearing. Requests may be submitted by contacting the Office for Institutional Equity at Vassar College at equity@vassar.edu or by telephone at (845) 437-7924.

1.3 Appointment of External Decision-Maker

At or near the conclusion of the investigation, the Assistant Vice President (AVP) for Institutional Equity and Title IX Coordinator will appoint a trained, external, neutral Decision-maker. The Decision-maker will have received specialized training in the adjudication of alleged violations involving Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking, as well as training on Title IX and its implementing regulations, due process principles, live hearing procedures, and other applicable civil rights laws and regulations in a higher education setting. The Decision-maker must be impartial, free from conflicts of interest or bias, and must not have had prior involvement in the College’s investigation or resolution process.

The Assistant Vice President for Institutional Equity and Title IX Coordinator may appoint a Hearing Coordinator to manage hearing logistics, including scheduling, attendance of Parties and witnesses, and the use of hearing technology.

The Decision-maker conducts the live (virtual) Title IX Hearing and is solely responsible for making findings regarding alleged Policy violations and, if applicable, determining sanctions. Neither the Institutional Equity Team nor the assigned Investigator makes determinations regarding responsibility or sanctions under this Policy or any other College policy.

The Decision-maker will offer each Party the opportunity to participate in a Pre-Hearing Meeting with their Advisor to address procedural matters and hearing expectations.

1.4 Conflicts of Interest or Bias

The Decision-maker must not have a bias for or against Complainants or Respondents generally or the individual Complainant or Respondent involved in the Formal Complaint. The Decision-maker must recuse themselves if such bias or conflict of interest exists. If the Decision-maker believes there may be a conflict of interest or bias, they will consult with the Assistant Vice President for Institutional Equity and Title IX Coordinator or the Faculty Director for Institutional Equity, as appropriate, for possible recusal or removal. 

The Parties may raise challenges that the Decision-maker is biased or has a conflict of interest. The Parties must raise challenges with the Office for Institutional Equity within two (2) business days of receiving the hearing notice. 

The Assistant Vice President for Institutional Equity and Title IX Coordinator will remove and replace a Decision-Maker in situations of demonstrated bias or a conflict of interest. Perceptions of bias or conflict are not sufficient to cause removal.

If a Decision-Maker recuses themselves as a result of a conflict of interest or bias, or is removed, the Assistant Vice President for Institutional Equity and Title IX Coordinator will promptly appoint a new Decision-Maker who does not have a conflict of interest or bias and notify the Parties accordingly.

1.5 Evidence Provided to Decision-Maker

The Decision-maker will be provided with electronic copies of the Final Investigation Report and all relevant, but not impermissible evidence, including the names of all Parties, witnesses, and Advisors, at least ten (10) business days in advance of the Hearing.

1.6 Hearing Notice

The Assistant Vice President for Institutional Equity and Title IX Coordinator, or designee, will send the Parties a Notice of Hearing letter no less than ten (10) days before the Hearing. Once emailed, notice is presumptively delivered. The notice includes:

  • A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions/responsive actions that could result
  • The time, date, and location of the virtual Hearing
  • A description of any technology that will be used to facilitate the Hearing
  • Relevant information regarding hearing logistics, pre-hearing meetings, the Final Investigation Report, the Parties and witnesses participating in the Hearing, the identity of the Decision-maker, details related to questioning, the role of Advisors, impact/mitigation statements, and how to request disability accommodations or other assistance.

1.7 Pre-Hearing Meetings with Decision-Maker

The Decision-maker will offer to convene pre-hearing meeting(s) with the Parties and their Advisors to familiarize them with the hearing process and invite them to submit the questions or topics they wish to ask or discuss at the Hearing. This allows the Decision-maker to consider their relevance in advance to avoid improper evidentiary introduction at the Hearing or to provide recommendations for more appropriate phrasing. 

However, this advance review opportunity does not preclude the Advisors from asking a question for the first time at the Hearing or from requesting reconsideration of a Decision-Maker’s pre-hearing decision based on any new information or testimony offered at the Hearing. The Decision-Maker will consider arguments that evidence identified as relevant in the Final Investigation Report is, in fact, not relevant. Similarly, evidence identified by the Investigator (s) as directly related but not relevant may be argued to be relevant. The Decision-maker will document and share their rationale for any evidence or question exclusion or inclusion at a pre-hearing meeting with each Party.

The Decision-Maker will work with the Parties to finalize a witness list for the Hearing, and the Hearing Coordinator will notify any witnesses of the Hearing’s logistics. The Decision-maker, only with the agreement of all Parties, may decide in advance of the Hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the Final Investigation Report or during the Hearing, and their presence is not essential to assess their credibility. 

Pre-hearing meeting(s) will not be recorded. The pre-hearing meetings will typically be held separately with each Party and their Advisor. These meetings can be held remotely (via Zoom or phone conference) or as written communication. The Decision-Maker will work with the Parties to establish the format and timing of the meetings and will circulate a summary of any rulings made to ensure all Parties and Advisors are aware.

2.0 Title IX Hearing Structure

2.1 Hearing Venue

The Hearing will be live and will occur via video technology (Zoom). The Decision-Maker and Parties must be able to simultaneously see and hear a party or witness while that person is speaking. Alternative arrangements may also be made at the Decision-Maker’s discretion.

2.2 Complaints Involving Multiple Respondents or Complainants

Formal Complaints involving more than one Respondent, and/or involving more than one Complainant alleging substantially similar conduct by the same Respondent, the default procedure is to adjudicate the allegations in a single, joint hearing. The Decision-maker may determine that the matters should be heard separately, as appropriate. In all cases, the Decision-maker will issue separate determinations for each Respondent and for each Formal Complaint, as applicable.

2.3 Unrelated Allegations or Charges

Allegations of misconduct that are not related to the Formal Complaint will generally be addressed separately and resolved in accordance with the procedures outlined in the applicable student, faculty, or employee handbooks.

2.4 Scheduling of Hearing

The Title IX Hearing may not be held fewer than ten (10) business days after the conclusion of the investigation, defined as the date on which the Final Investigation Report and Evidence Appendix are transmitted to the Parties, unless all Parties and the external Decision-Maker agree in writing to an expedited timeline. 

Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to the Policy) and are unable to be resolved before the end of the term will typically be held immediately after the end of the term, including during the summer, as needed, to meet the College’s resolution timeline and ensure a prompt resolution. 

Employees, including Parties and witnesses, who do not have 12-month contracts are still expected to participate in the Formal Resolution Process that occurs during months between contracts.

2.5 Record of Hearing

Parties and Advisors may use a phone, laptop, tablet, or other materials for notetaking during the Hearing; however, all such items must be used in a manner consistent with this Policy and the orderly conduct of the Hearing.

All hearings will be audio-recorded and transcribed by the College.  The Parties may request a copy of the written transcript from the Office for Institutional Equity or the Hearing Coordinator following the live Hearing. No unauthorized recordings are permitted. Following the Hearing, the Parties may review the recording or transcript upon request. No unauthorized disclosure, sharing, copying, or distribution of the transcript is permitted.

2.6 Hearing Participants

The following individuals may be present during a Title IX hearing: the Decision-Maker; Hearing Coordinator(s); Investigator(s); the Complainant and Respondent (collectively, the “Parties”); the Parties’ Advisors; individuals providing approved accommodations, interpretation, or assistive services; and any other individuals deemed necessary by the Decision-Maker to facilitate a fair and orderly proceeding. Witnesses will be present only during the time in which they are providing testimony.

The Complainant and Respondent are not required to attend the hearing and may choose to participate in whole, in part, or not at all. A Party is also not required to answer any or all questions posed during the hearing. The Decision-Maker will not draw any inference regarding responsibility based solely on a Party’s absence from the hearing or decision to decline to answer some or all questions.

2.6.1 Student Participants

  1. Students (Complainants and Respondents) are encouraged to participate in the College’s investigation and resolution process. Should a student Complainant or Respondent decide not to participate in the College’s investigation or the Resolution Process, the process will proceed without their participation. 
  2. Student witnesses are also encouraged to participate in and make themselves reasonably available for meetings and interviews, but are not required to do so.
  3. If a student Respondent withdraws from the College, the Assistant Vice President for Institutional Equity and Title IX Coordinator or designee may exercise discretion to dismiss the Formal Complaint. Regardless of whether the Complaint is dismissed or the Resolution Process is pursued to completion, the College will continue to provide reasonable supportive or remedial measures to the Complainant as deemed necessary and remedy any systemic issues or concerns that may have contributed to the alleged violation(s).
  4. When a student Respondent leaves the College (on personal leave or withdraws from the College) while the process is pending, the student may not return to the College in any capacity until the Complaint is resolved.
  5. If the student Respondent is on leave for a specified period (e.g., one or more semesters), the Resolution Process may continue remotely, and the Respondent may participate remotely. If found in violation and permitted to return to the College, the Respondent is not allowed to return to the College unless and until all sanctions, if any, have been satisfied.
  6. Concerns about retaliation that may prevent a Party from participating should be reported immediately to the Assistant Vice President for Institutional Equity and Title IX Coordinator or the Faculty Director for Institutional Equity.

2.6.2 Employee Participants (faculty, administrators, and staff)

  1. Employees (Complainants, Respondents, and Witnesses) are expected and encouraged to cooperate with and participate in the College’s investigation and Resolution Process, and make themselves reasonably available for all meetings and interviews. Supervisors are required to participate.
  2. If an employee Respondent leaves their employment with the College with unresolved allegations pending, the investigation and College’s Resolution Process may continue in their absence; the Assistant Vice President for Institutional Equity and Title IX Coordinator, or designee, may exercise their discretion to dismiss the Complaint.
  3. Regardless of whether a Formal Complaint is dismissed or the Formal Resolution Process is pursued to completion, the College will continue to provide reasonable supportive or remedial measures to the Complainant as deemed necessary and remedy any systemic issues or concerns that may have contributed to the alleged violation(s).
  4. When an employee resigns with unresolved allegations pending, the employee may not return to the College in any capacity. Human Resources or the Dean of the Faculty will be notified accordingly. A note will be placed in the employee’s file that they resigned with allegations pending. The records retained by the Office for Institutional Equity will reflect that status.
  5. Concerns about retaliation that may prevent a Party from participating should be reported immediately to the Assistant Vice President for Institutional Equity and Title IX Coordinator or the Faculty Director for Institutional Equity.

2.7 Participation by Advisors and Support Persons

The Parties may be assisted by an Advisor of their choice during the Hearing or may request that the College provide a trained Advisor at no cost. If a Party chooses to be assisted by an attorney, the Party is responsible for locating and paying for that attorney. 

If a Party does not have an Advisor, the College will appoint an Advisor for the limited purpose of Advisor-conducted questioning. Advisors may not provide opening or closing statements, answer questions on behalf of their advisee, speak for the advisee, or otherwise disrupt or interfere with the orderly operation of the Hearing.

During the Pre-Hearing Meeting and the live Title IX Hearing, Parties may be accompanied only by their Advisor in the meeting and virtual hearing room. No other individuals (including additional support persons, advisors, friends, or family members) may accompany, attend, or observe the Hearing unless expressly authorized by the Decision-Maker, provided that each Party is afforded the same opportunity.  Parties who wish to access a support person during the Hearing will be accommodated by having the support person available in a virtual breakout room and may request breaks during the Hearing to consult with that support person.

During the Hearing, all questions a Party wishes to ask must be asked by the Advisor, not by the Party.

2.8 Witness Participation

Witnesses are encouraged to participate in, but not required to, and make themselves reasonably available for, the Hearing. Witnesses are not permitted to be accompanied by an Advisor or a Support Person without the Assistant Vice President for Institutional Equity and Title IX Coordinator’s express permission or unless collective bargaining rights permit witnesses to have Advisors. At the discretion of the Decision-maker, a witness may participate by phone if no other reasonable alternative is available.

The Hearing Coordinator will notify all witnesses of their requested participation in the Hearing, ordinarily at least five (5) business days before the Hearing. Witnesses will be present for the Hearing only during their testimony.

If any party or witness does not appear at the scheduled Hearing, the Hearing may be held in their absence. For compelling reasons, the Assistant Vice President for Institutional Equity and Title IX may reschedule the Hearing. 

Any witness scheduled to participate in the Hearing must have been first interviewed by the Investigator (s), unless:

  • All Parties and the Decision-maker assent to the new witness’s participation in the Hearing without remanding the Formal Complaint back to the Investigator, 
  • The Decision-maker deems the evidence presented by the new witness to be relevant and not information already established in the record, and 
  • The witness’s late involvement was not the result of bad faith by the witness, the Parties, or others.

If the above criteria are not met, but the witness’s evidence is deemed relevant and not duplicative, the Decision-maker may, at their discretion, engage in any of the following actions:

  • Delay the Hearing
  • Provide the Parties with at least five (5) days to review the relevant portions of the new witness’s statements, if such statements are submitted
  • Remand the Formal Complaint back to the Investigator for further investigation or verification
  • Allow the Parties to review and comment on the testimony of the new witness

If the evidence is deemed not relevant, the Decision-maker may proceed with the Hearing in the absence of the new witness’s participation.

2.9 Impact Statements

The Parties may not present impact statements during the Hearing. Each Party may submit a written impact and/or mitigation statement to the Assistant Vice President for Institutional Equity and Title IX Coordinator, which will be forwarded for review and consideration solely for purposes of determining sanctions. 

The Assistant Vice President for Institutional Equity and Title IX Coordinator will provide the impact statements only to the Decision-Maker and the designated Vassar College official responsible for determining sanctions, if the Decision-Maker determines that a College Policy has been violated. When the Assistant Vice President for Institutional Equity and Title IX Coordinator will share submitted impact statements with the Decision-maker, they will also be shared with the Parties.

Such statements must be submitted within forty-eight (48) hours following the conclusion of the Hearing by email and sent to equity@vassar.edu. 

2.10 Hearing Order

The order of the Hearing is at the discretion of the Decision-maker.

  1. Introductions and Hearing Procedure Explanation: The Decision-maker will explain the hearing procedures, introduce the participants, and answer any procedural questions, both before and as they arise throughout the Hearing.
  2. Investigator Presentation of Final Investigation Report: The Investigator(s) will present a summary of the Final Investigation Report, including a review of the facts that are contested and those that are not. The Investigator may be questioned first by the Decision-maker and then by the Parties through their Advisors. The Investigator may attend the duration of the Hearing or be excused after their testimony at the Decision-maker’s discretion.
  1. Testimony and Questioning
    1. Typically, after brief opening statements, the order of questioning will be questions from the Decision-maker, questions from the Party’s Advisor, then questions from the other Parties’ Advisors, followed by any additional questions from the Decision-Maker. The same order will ordinarily be used for questioning witnesses who do not make opening statements. 
    2. The Parties must be able to see and hear each other when a Party is answering questions.
    3. An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor. Advisors may ask relevant questions and follow-up questions directly to the other Party (cross-examination) and witnesses.
    4. All questions are subject to the Decision-maker’s relevance determination. 
    5. The Advisors will pose the proposed question orally, electronically, or in writing (orally is the default, but other means of submission may be permitted). 
    6. After a question is posed, the proceeding will pause to allow the Decision-maker to consider the question and restate it aloud if it has not already been stated.
      1. The Decision-maker will determine whether the question will be permitted, disallowed, or rephrased. All relevance determinations are within the sole discretion of the Decision-maker. The Decision-maker will explain any decision to exclude a question as not relevant or to reframe a question to address relevance. 
      2. The Decision-maker may limit or exclude questions that are irrelevant, unduly repetitive, seek impermissible evidence, or are abusive, and retains final authority over all questions and relevance determinations. The Decision-maker may consult with legal counsel regarding admissibility determinations.
      3. The Decision Maker will not consider Impermissible Evidence, which includes:
        1. Evidence that relates to the Complainant’s sexual predisposition/prior sexual behavior, unless it is:
        2. Offered to prove that someone other than the Respondent committed the alleged conduct, or 
        3. Evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent 
        4. Evidence about a Party or witness’s records that are made or maintained by a physician, psychologist, or psychiatrist, unless the Party provides voluntary, written consent for the records to be considered.
    7. Any party or witness may choose not to offer evidence and/or answer questions at the Hearing, either because they do not attend the Hearing, or because they attend but refuse to participate in some or all questioning. The Decision-Maker may rely only on the available Relevant Evidence in making a Final Determination. The Decision-maker may not draw any inference solely from a Party’s or witness’s absence from the Hearing or their refusal to answer any or all questions. 
    8. If the Parties raise an issue of bias or conflict of interest of an Investigator or Decision-maker at the Hearing, the Decision-maker may elect to address those issues, consult with legal counsel, refer them to the Assistant Vice President for Institutional Equity, and/or preserve them for Appeal. If bias is not an issue at the Hearing, the Decision-maker should not permit irrelevant questions that probe for Investigator bias.
    9. After all witnesses have been called, the Parties may then make brief closing statements, after which the Hearing transitions to a closed session for deliberation, and the Parties and their Advisors are excused.

3.0 Findings and Policy Determination by Decision-Maker 

3.1 Deliberations

After closing statements from the Parties, the Decision-maker will deliberate in closed session to determine whether the Respondent is responsible for the alleged Policy violation(s) based on the standard of evidence.  The College applies the preponderance of the evidence standard for investigations and determinations regarding responsibility for complaints covered under the Title IX Policy, the Policy Against Discrimination, Harassment, and Sexual Misconduct (interim), and College Policies and Expectations.

The decision-making process generally takes between five (5) and ten (10) business days. This timeframe may be extended based on reasonable factors or circumstances, as determined by the Decision-maker in consultation with the Assistant Vice President (AVP) for Institutional Equity and Title IX Coordinator or the Faculty Director of Institutional Equity, as appropriate. Any delays, along with the reasons for them, will be communicated in writing to both the Complainant and the Respondent.

The Decision-Maker will then prepare a written outcome letter that describes the procedural steps taken and documents their findings on all Policy allegations. The Decision-Maker will include a substantive rationale for each finding, based on relevant, non-impermissible evidence supporting the determination(s). The Decision-Maker will also identify evidence not relied upon in the determination(s), including any credibility assessments. 

The Decision-maker will share their written findings with the Assistant Vice President (AVP) for Institutional Equity and Title IX Coordinator or the Faculty Director of Institutional Equity, as appropriate. 

In the event of a Policy violation or violation of other College regulations or policies, the Decision-maker and the designated College Officer will collaborate to decide on appropriate sanctions, corrective actions, and remedies.

3.2 College Officers Responsible for Sanctioning Decisions

  1. Associate Dean of the College, Student Living and Wellness, or designee (student Respondent);
  2. Dean of the Faculty, or designee (faculty Respondent)
  3. Associate Vice President for Human Resources and Chief People Officer, or designee (administrator or staff Respondent)
  4. President (Senior Officer or member of the President’s Senior Leadership Team Respondent)

When there is a Finding of responsibility on one or more of the allegations, the Decision-Makers may then consider the previously submitted party impact and/or mitigation statement(s) in determining appropriate sanctions. The Decision-Makers will also review any pertinent conduct history provided by the relevant office: Community Expectations (students), Human Resources (administrators/staff), or the Dean of the Faculty Office (faculty), and will determine the appropriate sanction(s), remedies, and corrective actions. 

Final determination of sanctions and corrective measures rests with the appropriate College official.

3.3 When a Respondent Accepts Responsibility for Policy Violation

During the Formal Resolution Process, including the Title IX Hearing proceedings, a Respondent may admit responsibility for one or more alleged Policy violations and waive further process. In such cases, the Decision-maker may accept the admission as a finding of responsibility. The Decision-maker will issue a written outcome letter documenting the procedural steps taken and the determination for each alleged Policy violation.

When a violation of this Policy and/or other applicable College policies is admitted, the Decision-maker will work in coordination with the designated College official to determine appropriate sanctions, corrective actions, and remedies.

If the Respondent accepts the finding and the final determination regarding sanctions, corrective actions, and remedies, the Respondent waives the right to appeal. If the Respondent does not admit responsibility for all alleged Policy violations, rejects the finding, or contests the final determination or sanctions, the Formal Resolution Process will proceed to its conclusion. In all cases, the Complainant retains the right to appeal the determination, consistent with the appeal procedures outlined in this Policy.

3.4 Notice of Outcome and Final Determination

The Office for Institutional Equity will provide the Parties with a written outcome notification at the conclusion of the deliberations process. The outcome notification will specify the Finding for each alleged Policy violation, any sanction(s) that may result, which the College Collegeitted to share pursuant to federal or state law, and a detailed rationale, written by the Decision-maker, supporting the Findings to the extent the College Collegeitted to share under federal or state law. 

The notification will also detail the Parties’ equal rights to Appeal, the grounds for Appeal, the steps to request an appeal, and when the determination is considered final if no party appeals. 

The College provides the Parties with the outcome notification simultaneously, or with minimal time delay. The outcome notification may be delivered by one or more methods: sent through Maxient, a web-based application that manages the College's records, emailed to the Parties' College-issued or designated email account, in person, or mailed to the Parties' local or permanent address as indicated in official College records. The outcome notification is presumptively delivered once sent, emailed, or received in person.

3.5 Sanctions and Corrective Measures

A Vassar College student, administrator, staff member or faculty member found responsible for violating the College’s Title IX Policy, the interim Policy Against Discrimination, Harassment, and Sexual Misconduct, or other applicable College Policies and Expectations may be subject to sanctions ranging from a warning or probation to expulsion or termination, depending on the severity of the conduct and considering any concurrent or prior violations of College policies.

The sanctions described in these Procedures are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by the College. The appropriate College Officer will determine sanctions, corrective action, and remedial measures in consultation with the Decision-Maker. 

Factors the Decision-maker and College officer may consider when determining sanctions and responsive actions include, but are not limited to: 

  • The nature, severity of, and circumstances surrounding the violation(s)
  • The Respondent’s disciplinary history 
  • The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
  • The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
  • The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
  • The impact on the Parties
  • The Respondent’s acceptance of responsibility
  • Any other information deemed relevant by the Decision-makers

Sanctions and corrective actions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal when either Party requests no appeal.

3.5.1 Student Sanctions and Corrective Action

Sanctions and responsive actions for students may be imposed singly or in combination, with the following sanctions and/or corrective actions:

  1. Warning 1- Awareness: A communication warning that a logical consequence of not meeting expectations in the future may be a more substantial outcome. 
  2. Warning 2 - Advisory: A communication warning that a logical consequence of not meeting expectations in the future may be a more substantial outcome that would include an outreach to the student’s parent(s)/guardian(s). 
  3. Warning 3 - Intervention: A communication warning that a logical consequence of not meeting expectations in the future may likely result in a temporary or permanent removal from Vassar College. In an effort to feel confident that everything has been done to avoid removal from Vassar, this outcome includes outreach to the student’s parent(s)/guardian(s). This outreach would be made regardless of concerns regarding how parent(s)/guardian(s) might respond.
  4. Required training, education, coaching, or counseling.
  5. Restorative interventions: When an incident results in harm done to one or more individuals, a community expectations administrator will work with the student(s) who accepted responsibility in an effort to repair the relationship(s) that have been adversely affected by the incident and possibly engage in an educational effort related to the behavior and/or the impact of the behavior. 
  6. Restitution: Monetary restitution is applied to cover the cost of damage or loss of property or services. 
  7. Loss of privileges: The withdrawal of one or more campus privileges, including but not limited to use of services, participation in a program, event, or activity for a specified period of time. 
  8. Ban: A student who is banned will be prohibited from entering certain campus locations or other college-owned, operated, or leased facilities; initiating contact with certain individuals; or participating in a program, event, or activity for a specified period of time. 
  9. Reassignment: A student who is reassigned will be required to move from one assigned space to another, most often in a different house. It will often include a ban from the previous house. 
  10. Removal from campus housing: Removal from campus housing may be permanent or temporary. A student barred from the residences may also be banned from entering any college student housing without written authorization from the Associate Dean of the College or designee. 
  11. Suspension from the College represents a temporary dismissal for a specified duration. During this period, all rights and privileges linked to student status are temporarily revoked. This includes, but is not limited to: 
    • The right to attend classes 
    • Access and use of the college library or other facilities 
    • Obtaining credit for academic work 
    • Participation in any college programs or activities
    • Holding any position on college committees or student organizations, whether by appointment or election
    • Being on the college property without written authorization from the Associate Dean of the College, Student Living and Wellness, or designated representative. 
    • Upon return from a suspension, the student will be placed on probation for the remainder of their time at the College until graduation. Any further violations during this probationary period may result in additional disciplinary actions.
  12. Expulsion from the College: Expulsion is permanent dismissal from the College with termination of all rights and privileges. Expelled students are restricted from entering any part of campus or other College-owned, operated, or leased facilities. Financial reimbursement is made according to the tuition refund schedule listed in the College Catalogue.
  13. Other Actions: The College reserves the right to take whatever measures it deems necessary in response to an allegation of prohibited conduct to protect the rights and personal safety of students, faculty, administrators, staff, and other College community members.  In addition to, or in place of, the above sanctions, the College may assign any other sanctions and remedies as deemed appropriate.

3.5.2 Student Transcript Notation

As required by New York Education Law Article 129-B, a student who has been suspended or expelled for conduct that constitutes a crime of violence (including but not limited to sexual assault, dating violence, domestic violence, and stalking) as defined in the Clery Act, will have a notation placed on the student’s official academic transcript indicating the disciplinary suspension or expulsion. If a student withdraws from the institution during the pendency of a disciplinary matter, a transcript notation will indicate that the student withdrew with the disciplinary charges pending.  A student who withdraws from the College with a pending disciplinary matter should understand that the College’s investigation and formal resolution process may continue, with or without their participation.

The College uses the following transcript notations:

  1. Interim College Suspension: Temporarily suspended on [Date] pending a code of conduct hearing.  
  1. Suspension: Suspended after a finding of responsibility for a code of conduct violation from [Date] to [Date]. 
  2. Expulsion: Expelled after a finding of responsibility for a code of conduct violation on [Date]. 
  3. Withdrawal: Withdrew with conduct charges pending on [Date]. 

Transcript notations for Suspension and Expulsion will be added to the student’s record upon the conclusion of any timeframe for Appeal, or once all appeal processes have concluded. 

Expulsion transcript notations are permanent and cannot be appealed or removed. However, if a finding of responsibility is vacated, any such transcript notation will be removed. 

Transcript notations for a student who is suspended or who chooses to withdraw during the pendency of an investigation will remain on the student’s transcript for a minimum of one year following the conclusion of the suspension period or date of withdrawal. Once the year has concluded, the student may request that the transcript notation be removed by filing an appeal with the Associate Dean of the College, Student Living and Wellness.

3.5.3 Employee Sanctions and Corrective Action

Sanctions and corrective actions for an employee (faculty, administrator, or staff member) may be imposed singly or in combination with the following sanctions and/or corrective actions:

  1. Verbal or Written Warning
  2. Performance Improvement Plan or Management Process
  3. Enhanced Supervision, Observation, or Review
  4. Required Counseling 
  5. Required Training or Education
  6. Probation
  7. Denial of Pay Increase/Pay Grade
  8. Loss of Oversight or Supervisory Responsibility
  9. Demotion
  10. Transfer
  11. Shift or schedule adjustments
  12. Reassignment
  13. Restriction of Resources
  14. Suspension - Administrative Leave with Pay
  15. Suspension  - Administrative Leave without Pay 
  16. Termination 
  17. Other Actions: The College reserves the right to take whatever measures it deems necessary in response to an allegation of prohibited conduct to protect the rights and personal safety of students, faculty, administrators, staff, and other College community members. In addition to or in place of the above sanctions, the College may take any other responsive actions as deemed appropriate.

4.0 Appeal of the Final Determination

4.1 Request for Appeal

Each Party has the right to appeal the Final Determination. To appeal, a party must submit its written Appeal within five (5) business days of being notified of the decision by the Decision-maker (Notice of Outcome), indicating the grounds for the Appeal. 

The Request for Appeal should be sent electronically to the Office for Institutional Equity by email equity@vassar.edu to the attention of:

  • Belinda Guthrie, Assistant Vice President for Institutional Equity and Title IX Coordinator (when the Respondent is a student, administrator, or staff member), or 
  • Jeffrey Schneider, Faculty Director for Institutional Equity (when the Respondent is a faculty member) 

A written Request for Appeal may also be mailed or hand-delivered to the Office for Institutional Equity at Vassar College, 124 Raymond Avenue, Box 645, Poughkeepsie, New York 12604-0645. The Institutional Equity Office is located in the Main Building, first floor, South, Suite 182. Requests for Appeal submitted by mail or hand delivery must be received by the applicable appeal deadline.

4.2 Grounds for Appeal

The limited grounds for Appeal available are as follows: 

  1. A procedural irregularity that would change the outcome. 
  2. New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility was made.
  3. Evidence that the Assistant Vice President for Institutional Equity and Title IX Coordinator, Faculty Director for Institutional Equity, assigned Investigator (s), or Decision-makers (external Decision-Maker and designated College Officer) had a conflict of interest or bias for or against a party, or for or against complainants or respondents in general, that substantially affected and would change the outcome of the matter. A perceived conflict of interest or bias is not alone or in itself grounds for Appeal, without further evidence. 
  4. The sanctions fall outside the range designated for the Policy violation, given the cumulative conduct/disciplinary record of the Respondent.

Appeals that do not meet submission standards may be returned to the Party for correction, but the timeframe for the Appeal will not be extended unless there is evidence that a technical malfunction caused the appeal document not to meet these standards. The timely submission of an appeal stays the decision and any pending sanctions; however, the College may maintain or implement interim or supportive measures, including those related to safety or access, as appropriate during the pendency of the Appeal.

4.3 Appeal Decision-Makers

The Assistant Vice President for Institutional Equity and Title IX Coordinator, or designee, will assign a trained external, neutral Appeal Decision-Maker. The Decision-Maker will have received specialized training with respect to the adjudication of alleged policy violations of discrimination and harassment based on protected characteristics, including sexual harassment, sexual assault, dating violence, domestic violence, stalking, and other allegations of misconduct covered under this Policy in a higher education setting. 

The Appeal Decision-makers must be impartial and free from actual bias and conflict of interest. They must not have had any prior involvement in the formal complaint or the Resolution Process.

  1. Student Respondents
    An external Appeal Decision-maker will make appeal decisions in consultation with the Dean of the College.
  2. Employee Respondents (Administrators/Staff)
    An external Appeal Decision-maker will make appeal decisions in consultation with the Vice President for Technology and Human Resources and Chief Information Officer.
  3. Faculty Respondents
    For matters involving Faculty Respondents, appeals will be heard by the elected Faculty Appeal Committee, except for appeals challenging remedies or outcomes determined by the Faculty Appeal Committee itself. The Academic Affairs Committee of the Board of Trustees will hear such appeals.

4.4 Review by Appeal Decision-Makers

  1. The Request for Appeal will be forwarded to the Appeal Decision-makers  for consideration to determine if the request meets the grounds for Appeal, which is a Review for Standing. This first level of review is not a review of the merits of the Appeal, but solely a determination as to whether the request for Appeal could reasonably be construed to meet the grounds and is timely filed.
  2. If the Request for Appeal does not provide information that meets the grounds in this Policy, the request will be denied by the Appeal Decision-makers, and the Parties will be simultaneously notified in writing of the denial and the rationale. 
  3. If any of the information in the Request for Appeal meets the grounds in this Policy, then the Appeal Decision-makers will notify all Parties in writing of the decision and rationale. The Request for Appeal will be forwarded to the Parties, the Assistant Vice President for Institutional Equity and Title IX Coordinator, or the Faculty Director for Institutional Equity and, when appropriate, the Investigator (s) and/or the original Decision-maker. They will then be afforded five (5) business days to submit a written response to the portion of the Appeal that was approved and involves them. The Appeal Decision-maker will forward all responses, if any, to all Parties for review and comment.
  4. The non-appealing Party may also choose to appeal at this time. If so, that Request for Appeal will be reviewed by the Appeal Decision-maker(s) to determine if it meets the grounds in this Policy and will either be approved or denied. If denied, the Parties and their Advisors will be notified accordingly, in writing. If approved, it will be forwarded to the Party who requested an appeal, the AVP for Institutional Equity and Title IX Coordinator, or Faculty Director of Affirmative Action, and, when appropriate, the Investigator (s) and/or the original Decision-maker. They will then be given five (5) business days to submit a written response to the portion of the Appeal that was approved and involves them. The Appeal Decision-maker will forward all responses, if any, to all Parties for review and comment.
  5. No party may submit any new Requests for Appeal after this time period. The Appeal Decision-maker(s) will collect any additional information needed and all documentation regarding the approved appeal grounds and will promptly render a decision. 
  6. The Appeal Decision-maker(s) may consult with the original Decision-maker, the AVP for Institutional Equity and Title IX Coordinator, or designee, and/or legal counsel, on questions of procedure, for clarification, if needed. The AVP for Institutional Equity and Title IX Coordinator, or designee, will maintain documentation of all such consultations.
  7. The record of Appeal will ordinarily consist of and be limited to the written request for Appeal, written responses to the Appeal by the involved parties, the written decision of the original Decision-maker, and any documentation relevant to the grounds for Appeal.

4.5 Appeal Outcomes

All decisions are made by applying the preponderance of the evidence standard of proof.

  1. An appeal may be granted or denied.
  2. Appeals that are granted should typically be remanded (or partially remanded) to the original Investigator (s) and/or Decision-maker with corrective instructions for reconsideration.  
  3. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker or the AVP for Institutional Equity and Title IX Coordinator and/or the Faculty Director of Affirmative Action,  the Appeal Decision-maker(s) may order a new investigation and/or a new determination with new Investigator and Decision-maker roles. 
  4. When appeals result in no change to the finding or sanction, that decision is final. 
  5. When an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures.  
  6. If a remand results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on any of the five (5) available appeal grounds. 
  7. Once an appeal outcome is final and constitutes the Final Determination, further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). 

4.6 Notice of Appeal Outcome

A Notice of Appeal Outcome letter (“Appeal Outcome”) will be sent to all Parties simultaneously, with no significant delay between notifications. The Appeal Outcome will specify the finding on each appeal ground, any specific instructions for remand or reconsideration, and all sanction(s) that may result, which the College is permitted to share under federal or state law. The rationale supporting the essential findings, to the extent the College is allowed to share them under federal or state law. 

The College will provide the Parties with the outcome notification simultaneously, or with minimal time delay between notifications. The outcome notification may be delivered by one or more methods: sent through Maxient, a web-based application that manages the Office for Institutional Equity’s case records, emailed to the Parties' College-issued or designated email account, in person, or mailed to the Parties' local or permanent address as indicated in official College records. The outcome notification is presumptively delivered once sent, emailed, or received in person.

5.0 Failure to Comply with Sanctions, Corrective Actions, or Informal Resolution Terms

Respondents are expected to comply with the sanctions and corrective actions imposed by the College. Complainants and Respondents are expected to abide by the agreed-upon terms and conditions of an Informal Resolution, within the specified timeframe. Failure to comply with the stated deadline, whether due to refusal, neglect, or any other reason, may result in additional sanctions or corrective actions, up to and including suspension, expulsion, or termination from the College. Any sanctions imposed for non-compliance will remain in effect until the required sanctions or agreed-upon Informal Resolution terms have been fully completed or maintained, as applicable.

Senior officers, division or department heads, supervisors, and managers, as appropriate, are responsible for supporting the implementation of sanctions and corrective measures, overseeing the timely completion of sanctions and responsive actions, monitoring for potential retaliation as necessary, and promptly reporting any failure to comply with sanctions or corrective actions to their direct supervisor and the Office for Institutional Equity, as well as reporting any suspected or alleged retaliation to the Office for Institutional Equity without delay.

6.0 Long-Term Remedies and Other Actions

The Assistant Vice President for Institutional Equity and Title IX, the Faculty Director for Institutional Equity, or designee, in consultation with the Associate Dean of the College for Student Living and Wellness (students), Dean of the Faculty (faculty), Human Resources (administrators/staff), or the President, may recommend or implement additional long-term remedies or actions that are intended to stop behavior that violates College policies, remedy the effects of such violations, and prevent their recurrence. 

Remedies/actions appropriate for the Complainant and Respondent may include, but are not limited to: 

  • Implement supportive resources, including referral to counseling and health services, resource center, or the Employee Assistance Program
  • Course and registration adjustments, such as retroactive withdrawals or financial remedies
  • Implementation of long-term contact limitations between the Parties
  • Implementation of adjustments to academic deadlines, course schedules, etc.
  • Training, coaching, and educational interventions 
  • Permanent alteration of housing assignments (students)
  • Permanent alteration of work arrangements for employees and student employees
  • Provision of campus safety escorts
  • Provision of transportation assistance
  • Safety planning

Remedies/actions directed at the College community may also include, but are not limited to:

  • Targeted announcements to the campus community
  • Climate surveys to identify needs 
  • Policy modifications
  • Training, coaching, and educational interventions for a department, supervisor, or broader campus community
  • Monitoring of meaningful efforts to comply
  • Supporting inclusive campus community initiatives

At the discretion of the Assistant Vice President for Institutional Equity and Title IX Coordinator, the Faculty Director for Institutional Equity, or designee, specific long-term supportive measures may also be provided to the Parties, even if no Policy violation is found. The College maintains the confidentiality of any long-term remedies, corrective actions, and supportive measures, provided confidentiality does not impair the College’s ability to provide these services and supportive measures.

Office for Institutional Equity

124 Raymond Avenue, Box 645, Poughkeepsie, New York 12604-0645

Main Building, South 182

(845) 437-7924 | equity@vassar.edu

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