How the Process Starts
When a Title IX Coordinator or Deputy is notified of a situation that could be a violation of our policy, they will meet with the student or employee to inform them of Clarke’s policy, procedures, and resources available to them. The Title IX Officer is the Clarke staff person who becomes the contact person to answer questions for people participating in the process. The jurisdiction of the Title IX policy is limited to behavior related to campus and off-campus educational programs and activities. Complains that fall outside this jurisdiction will still be handled by the employee or student conduct process.
All inquiries, reports, and investigations are treated with respect and attention to the privacy of the reporter. Information is revealed strictly on a need-to-know basis to school officials. Although the identity of the reporter and the respondent are revealed to the respondent and witnesses, the University prohibits retaliation of any form toward any party or individual involved in the proceedings. Retaliation makes people afraid to report or to assert their rights and is forbidden by this policy.
Individuals participating in the Sexual Misconduct resolution process have the right to an advisor. The term “advisor” is defined as any person (including any student, faculty, or staff) selected by the participant to assist and accompany him/her through the resolution process (including reporting, investigation interviews, hearing, and appeals. Individuals may choose to proceed without an advisor except at the Hearing. Each party is required to have an advisor to cross-examine the other party and witnesses. An advisor will be appointed for this reason if the student does not have someone to serve in this role. Delays in the process will not be allowed due to scheduling conflicts with advisors.
The Title IX Coordinator will appoint a three-person hearing panel to review the investigative report and hold a hearing. At the hearing, the hearing panel and the advisors for both parties will be able to ask questions of both parties. Questions are submitted, in advance, from both parties to determine the relevance of the questions. Hearings can be held virtually or in person. At the conclusion of the hearing, the hearing panel will make a determination of no violation or that there is evidence to find that a violation occurred and assign a sanction.
Both parties have the right to appeal the final determination. The non-appealing party will be given a chance to respond to the appeal. The Title IX Coordinator will appoint an Appeal Officer. The decision of the Appeal Officer is final.
August 14, 2020