II. The Process: Initial Steps
A. Intake Meeting with Complainant
Upon receipt of notice of any Report of Sexual Harassment, the Title IX Coordinator will schedule an individual Intake Meeting with the Complainant, if identified, in order to explain the procedures available under this Policy and to discuss potential Supportive Measures. The Title IX Coordinator will seek to determine how the Complainant wishes to proceed, i.e., whether the Complainant wishes to pursue Formal Resolution or Alternative Resolution or does not wish to pursue resolution of any kind. If the Complainant wishes to proceed with either Formal or Alternative Resolution, the Complainant will prepare a Formal Complaint and file it with the Title IX Coordinator. The Title IX Coordinator will provide the Complainant with a copy of or a link to this Policy which includes information regarding the submission and consideration of evidence that may be used during the proceedings, if any.
B. Notice to the Parties
The Title IX Coordinator will provide the parties written notice of the Formal Complaint and the allegations of Sexual Harassment. The notice will include:
- Information regarding procedures available under this Policy, including the availability of Alternative Resolution.
- Sufficient details known at the time (including identities of parties, if known; the conduct alleged; and the date and location of the alleged incident, if known), with sufficient time to prepare before any initial interview (no less than five days).
- A statement that, as required by Title IX, the Respondent is presumed not responsible for the alleged conduct unless and until determined to be responsible at the conclusion of the process;
- Notice that the parties may have an advisor of their choice, who may be an attorney; and that the parties may inspect and review evidence;
- Notice of provisions in an applicable code of conduct or policy that prohibits knowingly making false statements or submitting false information during the process;
- Notice that the College, not either party, has the burden of gathering evidence and the burden of proof; and
- The name of the investigator, and an opportunity to raise concerns of conflict of interest or bias within five days of receiving the notice of intent to investigate.
C. Intake Meeting with Respondent
After a Formal Complaint is filed, the Title IX Coordinator will schedule an individual Intake Meeting with the Respondent in order to explain the processes under this Policy and to discuss potential Supportive Measures. The Title IX Coordinator will provide the Respondent with a copy of or a link to this Policy which includes information regarding the submission and consideration of evidence that may be used during the proceedings.
If the Complainant wishes to proceed with Alternative Resolution, and such a resolution process is otherwise permitted under this Policy, as set forth below in Section VI, the Title IX Coordinator will discuss with the Respondent whether they agree to resolve the matter by Alternative Resolution.
D. Complainant Does Not Wish to Pursue Resolution or Requests Confidentiality
If the Complainant does not wish to pursue Formal or Alternative Resolution and/or requests that the Report of Sexual Harassment remain confidential, that request shall be confirmed, in writing, with the Title IX Coordinator. The College will evaluate the Complainant’s request(s) for confidentiality or no action in the context of the College’s commitment to provide a safe and non-discriminatory environment for all students. The Title IX Coordinator will inform the Complainant if the College must move forward with an investigation because the safety of a student or students or the College community is in question, and therefore cannot ensure confidentiality. In such instances, the Title IX Coordinator will sign a Formal Complaint to initiate an investigation pursuant to this Policy, as described below in Section II(E)
E. Formal Complaints Signed by the Title IX Coordinator
In rare cases where the Title IX Coordinator determines that the specific circumstances warrant pursuing a Formal Complaint (such as when the alleged Respondent has been found responsible for previous Sexual Harassment or there may be a safety threat to the College community), the Title IX Coordinator may file a Formal Complaint on behalf of the College. In such cases, the alleged victim, if known, will receive notice, and will receive further notices of activities at various points in the process, but is not a party to the case.
F. Consolidation of Formal Complaints
If the Title IX Coordinator determines the circumstances warrant it, they may consolidate Formal Complaints. Such circumstances might include, but are not limited to, situations where a Complainant has filed a Formal Complaint of sexual harassment against more than one Respondent in regard to the same incident; there are multiple complaints against a Respondent; or when parties each make Complaints against the other arising out of the same facts or circumstances.
G. Supportive Measures
Following any Report of alleged Sexual Harassment, regardless of whether a Formal Complaint is filed, the College will offer, as appropriate and reasonably available, non-disciplinary, non-punitive Supportive Measures designed to restore or preserve access to the College’s Education Program or Activity, including measures designed to protect the safety of all parties and the Bowdoin community, without unreasonably burdening either party. Supportive Measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security, and monitoring of certain areas of the campus and other similar measures and are provided without fee or charge to either party. Supportive Measures may be modified to reflect any appropriate changes at any point during the process. Violations of the College’s directives may constitute policy violations and result in separate disciplinary action.
H. Emergency Leave
The College, in consultation with the Title IX Coordinator, may place a Respondent on emergency leave after a Formal Complaint has been filed if there is a determination (following an individualized safety and risk analysis) that there is an immediate threat to the physical health or safety of a student or other individual arising from the allegations of Sexual Harassment. Any such determination will be made in compliance with any applicable disability laws, including Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.
The Respondent will be provided notice of the emergency leave and will be provided an opportunity to challenge the decision immediately following the removal. The Respondent has the burden to demonstrate why the emergency leave was unreasonable.
I. Administrative Leave
The College may place a non-student employee Respondent on administrative leave during the pendency of a process under this Policy pursuant to the terms of the Faculty Handbook and Employee Handbook, as applicable.
J. Withholding of a Degree
The College may withhold a Respondent’s degree while there is a formal process pending, which is unresolved by the time of graduation.