III. Dismissal of Formal Complaint

A. Mandatory Dismissal

If the conduct alleged in the Formal Complaint would not constitute Sexual Harassment, as defined under Title IX and Section I(A), above, did not occur in Bowdoin’s Education Program or Activity, or did not occur against a person in the United States, the Title IX Coordinator will dismiss the Formal Complaint with regard to that conduct.

B. Discretionary Dismissal

The Title IX Coordinator may, in their discretion, dismiss the Formal Complaint, or any allegation therein, if (1) at any time during the investigation or hearing the Complainant notifies them in writing that they would like to withdraw the Formal Complaint or any allegations therein; (2) the Respondent is no longer a Student or Employee of the College; or (3) specific circumstances prevent the College from gathering evidence sufficient to reach a determination of responsibility with respect to the Formal Complaint, or allegations therein.

C. Separate Disciplinary Proceedings

Although conduct may fall outside the scope of Title IX and this policy, such conduct may still constitute a violation of faculty, employee or student policies, and the College reserves the right to pursue separate disciplinary processes pursuant to such policies.

D. Notice of Dismissal

The Title IX Coordinator will provide simultaneous written notice to the parties of any dismissal and will describe the grounds for the decision. If, as a result of the dismissal, the matter will transition to a separate disciplinary process under another College policy, the notice will provide that information. The notice will also inform the parties of their rights to appeal the dismissal.

E. Appeal of Dismissal

Both parties will have the right to a single appeal of the dismissal of a Formal Complaint or any allegations contained therein pursuant to the appeal procedure set forth below in Section V.