Sanctions and Remedies

Sanctions and Remedies

Upon conclusion of the grievance process, when there is a finding of responsibility, the Complainant will be offered remedies designed to restore or preserve equal access to the institution’s education program or activity. Some examples are individualized supportive measures, tutoring, or counseling. 

Factors considered when determining a sanction/responsive action may 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
• Any other information deemed relevant by the Decision-maker(s)

The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested. 

The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by external authorities. 

If it is later determined that a party or witness intentionally provided false or misleading information, that action could be grounds for reopening a grievance process at any time, and/or referring that information to another process for resolution.

• Student Sanctions 

The following are the common sanctions that may be imposed upon students singly or in combination:

• Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any College policy, procedure, or directive will result in more severe sanctions/responsive actions. 
• Required Counseling: A mandate to meet with and engage in either College-sponsored or external counseling to better comprehend the misconduct and its effects.   
• Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate. 
• Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at College.
• Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend College-sponsored events. 
• Withholding Diploma: The College may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities as a sanction if the student is found responsible for an alleged violation. 
• Revocation of Degree: The College reserves the right to revoke a degree previously awarded from the College for fraud, misrepresentation, and/or other violation of College policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation. 
• Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.
• Student Organization Sanctions

The following are the common sanctions that may be imposed upon student organizations singly or in combination:

• Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any College policy, procedure, or directive will result in more severe sanctions/responsive actions. 
• Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social and event privileges, denial of College funds, ineligibility for honors and awards, restrictions on new member recruitment, no-contact orders, and/or other measures deemed appropriate. 
• Suspension: Termination of student organization recognition for a definite period of time not to exceed two years and/or until specific criteria are met. During the suspension period, a student organization may not conduct any formal or informal business or participate in College-related activities, whether they occur on or off-campus. Re-recognition is possible but not guaranteed and will only be considered after the end of the suspension period and based on meeting all re-recognition criteria and obtaining clearance from the College.
• Expulsion: Permanent termination of student organization recognition and revocation of the privilege to congregate and conduct business on campus as an organization for any reason.
• Loss of Privileges: Restricted from accessing specific College privileges for a specified period of time.
• Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.
• Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation include but are not limited to verbal warnings; written warnings; loss of privileges, probation; suspension; termination of employment, or other disciplinary measures as deemed appropriate.

Remedies may include, but are not limited to offering to remove the complainant from the hostile environment (or vice versa); changes in residence arrangements, changes of room locks, contacting professors/managers, changes in schedules or work hours, changes in work assignment/location, or a “no contact” order.

Failure to Complete Conduct Sanctions

All students, as members of the College community, are expected to comply with conduct sanctions within the time frame specified by the Dean of Student Affairs or designee. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions, administrative “holds” on the student account, and/or suspension from the College. In such situations, resident students will be required to vacate College housing within 24 hours of notification by the Dean of Student Affairs (or designee), although this deadline may be extended upon application to, and at the discretion of, the Dean of Student Affairs. A suspension will only be lifted when compliance with conduct sanctions is satisfactorily achieved. This determination will be made by the Dean of Student Affairs.

Appeals

Appeals may be filed by either party. Appeals will be sent to the VP of Student Affairs and Campus Diversity and Inclusion. When an appeal is filed, the other party will be notified, in writing, within one business day, and will then have five (5) business days to respond to the appeal. Any party’s decision not to submit a reply to an appeal is not evidence that the non-appealing party agreed with the appeal. The appeals process is a written exchange, and no hearing is held.

The Appeals Officer may not have any actual conflict of interest or bias. Within three (3) business days of receipt of the Hearing Officer’s report at the conclusion of the hearing, either party may object to the Appeals Officer on the basis of an actual bias or conflict of interest. Any objection is to be in writing and sent to the Title IX Coordinator. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator will remove the appeals officer and appoint another.

Appeals may be filed on the following grounds:

• Procedural Error: A procedural irregularity occurred that significantly impacted the outcome of the investigation or hearing. A description of the irregularity and its impact on the outcome of the complaint must be included in the written appeal; or
• New Evidence: New evidence or information has arisen that was not available or known to the party during the investigation or hearing, and that could significantly impact the findings. Information that was known to the Appellant during the investigation or hearing but which they chose not to present is not new information. A summary of this new evidence and its potential impact on the investigation findings must be included in the written appeal.
• Disproportionate Sanction: The sanction(s) imposed were grossly disproportionate to the severity of the offense. An explanation of why the sanction(s) is/are grossly disproportionate must be included in the written appeal.
• Conflict of Interest or Bias: The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.

The Appeals Officer crafts a letter of rationale which will be sent simultaneously to the parties. The letter will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, and any sanctions that may result which the College is permitted to share according to state or federal law. 

Consolidation of Complaints

In the event that the allegations under this policy involve allegations of a violation of a separate policy, whether Student Code of Conduct, Faculty Handbook, or Staff Handbook, the College has the right, within its sole discretion, to consolidate those other allegations within one investigation and/or hearing. The College may also consolidate complaints when they evidence a potential pattern of misconduct.