Title IX Grievance Procedure
The Title IX grievance procedure refers to the entire length of a case from the time of the institution receiving actual knowledge through the end of the appeal and its resulting sanctions. Grievance process refers to the steps following the signed formal complaint. The grievance process exists to provide a fair process that resolves complaints as equitably and accurately as possible in order to preserve and restore access to the institution's educational programs or activities.
Grievance Process
- The Title IX Coordinator receives a report via the online form, email, phone call, or in person.
- The Title IX Coordinator reaches out in a reasonably prompt time-frame to the Complainant to offer supportive measures and explain the formal grievance process including how to file a formal complaint.
- The Complainant decides which, if any, supportive measures they would like put in place and if they would like to file a formal complaint.
- If a formal complaint is filed, the Title IX Coordinator notifies the Respondent of the formal complaint, explains the formal grievance process, and notifies them that they may have an Advisor of their choosing or one will be provided to them by the College.
- The Title IX Coordinator assigns at least one investigator to the case, two if possible.
- The investigators interview both parties and witnesses and collect evidence that is relevant to the case.
- The investigators write up a report of findings, which is shared with both parties. The parties are allowed 10 business days to inspect preliminary report and all evidence and respond with any factual changes they want made.
- After factual changes/corrections are clarified, parties are allowed 10 business days to review.
- The final report is completed and parties are given 10 business days minimum to prepare before the live hearing.
- Live hearings allow for cross examination of both parties and any witnesses. Questions are only asked by the Advisors and decision makers during the live hearing.
- Live hearings will take place in two separate rooms connected via Zoom video and audio, so that parties can see and hear each other.
- Parties and witnesses will each appear before the hearing panel (3 decision makers) to respond to the decision makers questions, cross examine the other party, and cross examine and witnesses.
- Live hearings will be recorded.
- Decision makers determine relevancy of each question before it is answered.
- If either party or any witness refuses to answer even one question during cross examination, no part of their statements during the hearing or during the investigation can be used to make a determination.
- At the conclusion of the live hearing, the decision makers will meet to deliberate.
- Final determination and sanctions will be provided to the parties.
Notice
Upon receipt of a signed formal complaint, all parties involved will receive written notice of the details of the complaint including:
- Description of the formal grievance process
- Description of the details of the allegation of potential sexual harassment including: identities of parties, date/time and location, and the specific conduct allegedly constituting sexual harassment
- Statement that the Respondent is presumed not responsible until the conclusion of the grievance process
Each party will also be notified about the following:
- They will have sufficient time to prepare a response before any meetings/interviews
- Each party may have an Advisor of their choice who may be but is not required to be an attorney or an Advisor will be provided for them, free of charge
- The handbook rule that prohibits false statements to a college official
If at any point during the investigation the College discovers any further allegations that were not included in the initial notice, the College will provide notice of the additional allegation details to the parties in writing.
If a case is dismissed, parties will receive a written notice of dismissal with grounds for dismissal, as well as information on how to appeal the dismissal.
The College will provide advance notice to all parties and witnesses of any investigative interview, hearing, or meeting that the party is expected to be present for.
Investigation
The Lead Investigator will begin an investigation in partnership with trained investigators. Audio or video recording of any proceedings are prohibited by any party other than the College throughout this process. The burden of proof and responsibility for gathering evidence will rest on the College and not on either party. If multiple formal complaints arise from the same facts, the College may consolidate investigations at its discretion.
The Complaining and Responding parties will be given written notice in advance of any interview with sufficient time to prepare for meaningful participation.
As part of the investigation, the investigator(s) will seek separate interviews with the Complainant, the Respondent, and any witnesses to the greatest extent possible. To help ensure a prompt and thorough investigation, interviewees are encouraged to provide as much of the following information as possible:
- The name, department, and position/status of the person or persons in alleged violation of this policy
- A description of any relevant incident(s), including the date(s), location(s), and witnesses
- The alleged effect of the incident(s) on the Complainant's academic standing, educational benefits or opportunities, position of employment, salary, employee benefits, promotional opportunities, or other terms or conditions of employment
- The names of other students or employees who might have been subject to the same or similar discrimination, harassment, or retaliation
- Any steps the Complainant has taken to try and stop the discrimination, harassment, or retaliation
- Any other information the Complainant believes to be relevant to the alleged discrimination, harassment, or retaliation
Privileged Information
Information that is protected by doctor-patient confidentiality, marital status, attorney-client privilege, etc. shall remain protected unless it is voluntarily given by the party as evidence in the case.
False Information
Page 17 of the 2021-2022 WLC Student Handbook prohibits furnishing false information. “19. Furnishing false information to any College official, faculty/staff member, or Office; furnishing false information in any College application or agreement that is required by the College no matter the time of discovery or knowingly bringing false charges against the student, faculty or staff member.”
Hearing
Prior to a hearing, a pre-hearing meeting will take place with parties and advisors to clarify the hearing rules. During a live hearing, Complainant and Respondents with their Advisors will be in separate rooms with Zoom video conferencing where they will be able to see and hear each other. Live hearings will be recorded. Hearing panel will be made up of 3 decision makers, one of which will be the hearing chair. Complainant and Advisor will first appear before the panel, panel will ask questions, Advisor will ask questions of the Respondent and any witnesses they wish. Once this is completed the Respondent and Advisor will appear before the panel and complete the same process. Advisors will be limited to asking questions that the advisee wishes them to ask. Each question will be determined for relevancy by the decision maker chair prior to any party answering. If any party or witness declines to answer a question during the live hearing, none of their statements or evidence can be used in making a determination of responsibility.
Determination of Responsibility
The decision making panel will meet following the conclusion of the live hearing in order to reach a determination of responsibility in the case within a reasonably prompt time frame. When they have determined if a College policy has been violated and which policy, they will then decide which remedies/sanctions to assign. Written notice of their determination will be sent out to the parties simultaneously. The written notice of determination will include: the initial allegations of a Title IX policy violation, findings of fact, rationale for the determination on each allegation, sanctions that will be imposed on Respondent, remedies and supportive measures offered to Complainant, information on how to file an appeal. Parties will have 10 business days to file an appeal. If they do not choose to appeal, the written determination becomes final. If they do choose to appeal, the written determination with results of the appeal is final.
Standard of Evidence
The standard used to determine whether this policy has been violated is whether it is more likely than not that the Respondent violated this policy. This is often referred to as the "Preponderance of Evidence" standard.
Objective Evaluation of Evidence
Title IX team members will be assigned to cases after determination that they do not have a conflict of interest in the case. Team members participate in annual training on objectively evaluating evidence and avoiding bias.
Presumption of Not Responsible
Respondents are presumed not responsible for a violation of this policy until the conclusion of the grievance process.
Appeal
Either party may appeal a dismissal or final determination on the following grounds:
- A procedural error
- New evidence that was not previously available
- Conflict or bias that impacted the outcome
Dismissal
A case must be dismissed as Title IX if it:
- Does not fall under definition of sexual harassment
- Did not occur in the recipients program or activity
- Did not occur in the United States
A case may be dismissed as Title IX if:
- Complainant requests dismissal in writing
- Respondent is no longer a student or employee
- Or determination cannot be made due to specific circumstances
If a case is dismissed, parties will be notified in writing of the dismissal, whether it was mandatory or discretionary, and of their right to appeal the dismissal.
Referral
The Title IX Coordinator may refer any/all of the matter for consideration under another applicable College policy or procedure (Student Conduct System, Human Resources, etc.) in the event that a complaint is dismissed for purposes of Title IX.
Consolidation of Complaints
Complaints may be consolidated if there are multiple parties with complaints and/or there are cross claims of the same allegation.
Equity
WLC, motivated by Jesus' command to “Love your neighbor as yourself,” strives to promote and maintain an equitable experience for all students, faculty, staff, and visitors by showing God's love through our words and actions throughout the grievance process. In keeping with the spirit of the Title IX regulations, Respondents and Complainants will be given the same information regarding the grievance process, receive notifications simultaneously, and have the opportunity to select an Advisor or have one freely provided to them.
WLC recognizes that there may be challenges in maintaining equity in situations where one party has access to legal counsel and the other does not. To combat this potential issue, the roles of Advisors within proceedings will be limited and clearly explained at all pre-hearing meetings.
Range of Sanctions and Remedies
Any violation of this policy involving students, faculty, staff, or other employees of the College is subject to the policy and procedures as stated in this document and is not governed by any other employee or student handbook or policy. The College will take steps to prevent the recurrence of any harassment or other discrimination and to remedy the discriminatory effects on the Complainant (and others, if appropriate).
The Decision Makers will review the information gathered during the investigation process and live hearing to determine the outcome which may include “no violation,” “in violation,” and application of one or more sanctions or remedies.
The range of potential sanctions/remedies may include (not meant to serve as an exhaustive list) one or more of the following: no contact order, campus housing restrictions, class restrictions, campus event restrictions, campus leadership restrictions, advising restrictions, teaching restrictions, probation, community service, education, training, suspension, or expulsion. The College also may take any other corrective action that it deems appropriate under the circumstances.
Employees and/or students who are found to have violated this policy will be subject to disciplinary action up to and including expulsion or dismissal.
Faculty and staff who are found to have violated this policy will be subject to disciplinary action up to and including discharge or termination.
Guests and other third parties who are found to have violated this policy will be subject to corrective action deemed appropriate by the College, which may include removal from College property and termination of any contractual or other arrangements.
When the College is unable to offer resolution to an alleged violation of this policy because a Complainant insists on confidentiality or for some other reason, the College will nonetheless take steps to limit the effects of any actions that violate this policy and will work to prevent any recurrence of violation.
Range of Supportive Measures
Supportive measures are additional resources that are offered as applicable on a case by case basis. Supportive measures are always non-punitive. Some examples include: mutual no contact order, class scheduling adjustments, extensions of deadlines, campus employment adjustments, housing changes, additional security rounds of a particular area, assistance in scheduling a counseling appointment.
Retaliation
Retaliation exists when action is taken against a participant in the complaint process that (i) adversely affects the individual's employment or academic status and (ii) is motivated in whole or in part by the individual's participation, or lack thereof, in the complaint process.
No individual involved in a complaint alleging a violation of this policy or participating in the investigation or resolution of such a complaint shall be subject to retaliation as a result of such activity or participation. Any acts of retaliation, as defined in this policy, shall be grounds for disciplinary action, up to and including expulsion/dismissal for students and termination/dismissal for faculty and staff.
Early College Credit Program
All students who are enrolled in WLC's Early College Credit Program will receive notification of where to find the WLC Student Handbook on the College website as well as the link to the Title IX policy. Wis. Sat. 948 details the state laws regarding crimes against children. In compliance with Wisconsin State Law, any report of sexual assault, sexual harassment, or mistreatment of a minor will be reported to the local police immediately.
Training
2020 Title IX Regulations: Policy Implications and Practical Application (PDF document from training by D. Stafford & Associates, LLC)
Constructing the Live Hearing Process (PDF document from training by D. Stafford & Associates, LLC)
OCR Webinar: Title IX Regulations Addressing Sexual Harassment (YouTube video from the U.S. Department of Education)
Title IX and Sexual Harassment Response - Participants in Sexual Harassment Policy Process Fall 2021 (PDF document from Husch Blackwell)