柚子视频

柚子视频 has established specific policies to ensure that sexual harassment will not be tolerated. If instances of sexual harassment are reported, the procedures below will be followed.

It is important to note, 柚子视频 must respond under the the Title IX statute when:

1. 柚子视频 has actual knowledge of an allegation of sexual harassment
2. the alleged sexual harassment occurred within a 柚子视频-sponsored education program or activity (whether on or off campus)
3. the alleged harassment occurred against a person in the Unites States.

In addition to its Title IX obligations, 柚子视频 is committed to ensuring that it investigates all instances of sexual harassment between its students and/or employees. When an instance of sexual harassment does not occur in a 柚子视频-sponsored educational program or activity in the United States, the investigation procedures, and remedies for such instances of sexual harassment will be governed by 柚子视频鈥檚 Code of Conduct rather than the procedures outlined below.

Title IX Team

柚子视频 has determined that, if at all possible, two investigators and two Decision-Makers are assigned to each case

• The Title IX Coordinator leads the process and may appoint a deputy to serve at his or her discretion.
• Investigators conduct fact-finding interviews and gather other evidence to determine whether the case is founded.
• Decision-Makers determine whether the case is founded and what remedies or sanctions apply in each particular case.
• The Appellate Council considers appeals to a decision to dismiss a complaint or the final determinations from the Decision-Makers.

Responding to a Complaint of Sex-Based Harassment

If the Title IX Coordinator determines that the allegations in the formal complaint do meet the definition of sexual harassment as defined in this document, an investigation into the matter will be initiated as an essential part of the grievance process. During this process, trained Title IX personnel will be used to objectively evaluate relevant evidence without prejudgment of the facts and free from conflicts of interest or bias for or again either party. In addition, both parties鈥� privacy will be protected by obtaining written consent before using a party鈥檚 medical, psychological, or similar treatment records during the grievance process. At all times during the grievance process, the presumption of the Respondent鈥檚 innocence will be applied so that 柚子视频 bears the burden of proof relative to the standard of evidence.

Once a formal complaint is filed, 柚子视频 will make every effort to complete the grievance process in a manner that is both thorough and timely. It is anticipated that most grievance processes will be completed within 60 calendar days after the formal complaint is filed.

Notification

The Title IX Coordinator will notify both the Complainant and the Respondent in writing that an investigation is being initiated. In doing so, both parties will receive notification of the allegation(s); the opportunity to select an advisor who may be, but does not need to be, an attorney; and the opportunity to submit and review evidence throughout the investigation. The notification will include the following details, to the extent know at the time: the identities of the parties involved in the incident, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident. The written notice will include a statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process. The written notice will also inform the parties of any provision under 柚子视频鈥檚 code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process. The notification will also confirm that 柚子视频 uses the preponderance of evidence standard of evidence in determining responsibility.

The Respondent will be given sufficient time to review the notification and prepare a response before any initial interview occurs. In this meeting, the Title IX Coordinator should discuss Supportive Measures, and should explain the grievance process.

Any form of retaliation is not permitted. Therefore, the notification process will also include the affirmation that no retaliation is allowed. If a party or witness believes that they have been threatened with or experienced retaliation, they should exercise 柚子视频鈥檚 grievance process and file that complaint with the Vice President for Student Life.

The use of any kind of informal resolution process, such as mediation or restorative justice, can only be implemented if both parties鈥� voluntary, written consent is obtained. Informal processes may not be used in cases wherein an employee allegedly sexually harassed a student.

Live Hearings

Unless an informal process is voluntarily agreed to by both parties, a live hearing will be held as part of the grievance process. Live hearings are open only to the Complainant, the Respondent, both parties鈥� advisors, the Decision-Maker, investigator(s) representing 柚子视频, and any essential witnesses. The Decision-Maker in any Title IX grievance process cannot be the investigator(s) or the Title IX Coordinator. If a party does not have an advisor present at the hearing, 柚子视频, through the Title IX Coordinator will appoint an advisor for them who will serve in the advisor鈥檚 role free of charge.

The following procedural requirements will apply to all Title IX investigations and hearings:

1. 1. The Title IX Coordinator must send written notice to parties of any investigative interviews, meetings, or hearings.
   2. The Title IX Coordinator, on behalf of 柚子视频, must send the parties and their advisors the evidence directly related to allegations with at least 10 days for the parties to review and respond to the evidence. Evidence can be sent electronically or in hard copy.
   3. The Title IX Coordinator, on behalf of 柚子视频 must send the parties and their advisors an investigative report that fairly summarizes relevant evidence, with at least 10 days for the parties to respond. The report may be sent electronically or in hard copy. Title IX Grievance Procedure February 2025 Title IX Grievance Procedure 6
   4. While the burden of gathering evidence and the burden of proof is on 柚子视频, both parties must be given the opportunity to present evidence as well as fact and expert witnesses.
   5. Cross-examination of either party or witnesses is allowed, but cross-examination must be conducted by the parties鈥� advisors only. The parties themselves must never conduct a cross examination. Cross examination must be conducted directly, orally, and in real time.
   6. Before any party or witness answers a question in a live hearing, the Decision-Maker must first determine if the question is relevant. If a question is determined to be irrelevant, the Decision-Maker must explain to the advisor asking the question why the question is deemed not relevant.
   7. If a party or a witness does not submit to cross-examination at the live hearing, the Decision-Maker must not rely on any statement of that party or witness in reaching a determination about responsibility.
   8. During a live hearing, Complainants must be protected from being asked about their prior sexual history, except when offered to prove that someone other than the Respondent committed the alleged misconduct or when offered to prove consent.
   9. At the request of either party, 柚子视频 must provide for the entire live hearing to occur with the parties located in separate rooms, with technology enabling the parties to see and hear one another. At 柚子视频鈥檚 discretion, 鈥渟eparate rooms鈥� could be in different geographic locations.
   10. An audio, audiovisual, or transcript must be kept of the live hearing.

Determination of Responsibility

At the conclusion of a hearing, the Decision-Maker will consider all evidence. After doing so, the Decision-Maker will determine that the Respondent is either 鈥渞esponsible鈥� for the allegation(s) brought against him/her, or 鈥渘ot responsible鈥�.

If the Decision-Maker finds that a Respondent is responsible for an allegation, they will prescribe remedies (consequences) to be implemented. Remedies (consequences) may include, but are not limited to:

• • Conduct probation
  • Counseling
  • Fines
  • Community service
  • Strict conduct probation
  • Dismissal from 柚子视频
  • Implementation or continuation of No Contact Orders
  • Removal from classes shared with the Complainant
  • Education/training

Once the Decision-Maker has reached a conclusion of responsible or not responsible, they will send both parties a written determination regarding responsibility or non-responsibility, explaining how and why the decision was reached. If the Respondent is found responsible, the document will include the remedies (consequences) prescribed.

Dismissal

A formal complaint or allegation may be dismissed under three circumstances:

1. 1. the allegation does not meet the definition of sexual harassment as defined in this document;
   2. the Complainant withdraws the formal complaint or allegation; or
   3. the Respondent is no longer enrolled or employed at 柚子视频. However, if 柚子视频 has reasonable cause to believe that a Respondent has withdrawn from 柚子视频 in order to avoid allegations of sexual harassment, 柚子视频 may continue with the grievance process.

Appeals

Both parties will be offered the opportunity to appeal from a determination of responsibility. The opportunity to appeal will be stated in the determination letter from the DecisionMaker. Parties may appeal from a determination of responsibility or from a specific remedy prescribed by the Decision-Maker. In addition, parties will be given the opportunity to appeal from the dismissal of a complaint or allegation. All appeals must be based on one or more of the following:

1. 1. a procedural irregularity that affected the outcome of the matter
   2. newly discovered evidence that could affect the outcome of the matter
   3. Title IX personnel having had a conflict of interest or bias that affected the outcome of the matter. The appealing party must provide evidence to substantiate the basis of the appeal.

Appeals must be made in writing (email or hard copy) and must be received within 14 days of a party receiving a determination notification or receiving notice that a complaint or allegation has been dismissed.

Appeals are considered by the Appellate Council. The Chair of the Appellate Council will notify both parties, as well as the Title IX Coordinator, in writing that the matter in question is under appeal. This notification will include who has filed the appeal, what the basis of the appeal is, who sits on the Appellate Council, and that both parties will be notified of whatever determination is arrived at by the Appellate Council.

The Appellate Council will review the basis for appeal to determine if it meets one of the criteria identified above. If the appeal does not meet the criteria, then the appeal will be denied. If the appeal meets one of the criteria, then the Appellate Council will consider the matter in question. In doing so, the Council may choose to call upon either or both parties and/or their advisors for information. The Appellate Council may also call upon the Decision-Maker or Title IX Coordinator to confidentially submit any other evidence that the Council may request in order to adequately consider the appeal.

Once the Appellate Council has reached a conclusion regarding the appeal, they will inform both parties in writing. This will include whether the appeal was upheld or denied, and the rationale for the Council鈥檚 decision. The consideration of appeals will be concluded within 21 days from the date the appeal was received by the Chair of the Appellate Council.

The Chair of the Appellate Council will send a copy of the appeal to the Title IX Coordinator.

Records

All records of evidence, interviews, official 柚子视频 communications between parties, and the audio recording of the live hearings will be kept in a confidential file by the Title IX Coordinator.