Sex Discrimination and Sexual Misconduct Policy (Student Respondent)

Revised: August 14, 2020
Updated: August 2023

I. Purpose and Notice of Non-Discrimination

It is the policy of Mitchell Hamline School of Law (“School”) to maintain an environment free from discrimination, including but not limited to when misconduct is based on actual or perceived race, color, creed, religion, national origin, sex, gender, gender identity, gender expression, marital status, familial (or parental) status, disability, status with regard to public assistance, sexual orientation, age, family care leave status or veteran status, membership or activity in a local human or civil rights commission, or any other protected class defined by law. Consistent with this commitment, the School prohibits Sexual Misconduct^[1], i.e., misconduct based on actual or perceived sex, gender, gender identity, sexual orientation, and gender expression.^[2] The School prohibits all forms of Sexual Misconduct against Employees, Students, and Third Parties. This Policy concerns incidents when Students are accused of Sexual Misconduct. For other situations, please see the following policies:

The School prohibits Retaliation associated with incidents reported or investigated under this Policy. Complaints of such Retaliation will be investigated under this Policy.

The School is committed to investigating, resolving, and preventing all Complaints of Sexual Misconduct—whether formal or informal, verbal, or written—including when those acts are based on someone’s actual or perceived protected class status, and the School will discipline or take appropriate action against any Student who violates this Policy.^[4] The School will investigate and, when appropriate, will conduct prompt, fair, and impartial investigation proceedings for Complaints of Sexual Misconduct.

If a School investigation reveals that Sexual Misconduct created a hostile education or employment environment, the School will take prompt and effective steps to end the misconduct, eliminate the hostile environment, prevent the misconduct from recurring and, when appropriate, remedy the effects of the hostile environment.

Any Student or Employee who needs a reasonable accommodation to make or respond to a Complaint, or engage in any other activity detailed in this Policy, may contact the Title IX Coordinator or a Deputy Title IX Coordinator to request an accommodation. Any Student who is found to have violated this Policy is subject to disciplinary or corrective action, up to and including expulsion.

II. Scope and Applicability

This Policy applies to incidents of Sexual Misconduct that occur in all of the education (degree and non-degree) and employment programs of the School and will be enforced on School property and in School-sponsored programs held in locations away from the St. Paul Campus (including study abroad programs), and other School-hosted social functions or events sponsored by the School but held at other locations. The policy also applies to conduct that occurs in certain circumstances as defined in this Policy in a non-campus building or on non-campus property or on public property, including School-sanctioned Student organization events. This Policy also applies to any off-campus conduct that causes or threatens to cause a substantial and material disruption at the School, or interferes with the rights of Students and Employees to be free from a hostile education or employment environment taking into consideration the totality of the circumstances on and off Campus.

Finally, this Policy applies to instances of sexual harassment, sexual assault, domestic violence, dating violence, and stalking that take place in School-sponsored programs outside of the United States (i.e., study abroad programs).

Generally, the specific procedures for investigating and responding to a Complaint differ based on the nature of the parties’ relationship to the School.

Complainant	Respondent	Applicable Policy
Student	Student^[5]	Sex Discrimination and Sexual Misconduct Policy (Student Respondent)
Employee or Third Party	Student	Sex Discrimination and Sexual Misconduct Policy (Student Respondent)
Employee or Third Party	Employee or Third Party	Sex Discrimination and Sexual Misconduct Policy (Employee or Third-Party Respondent)
Student	Employee or Third Party	Sex Discrimination and Sexual Misconduct Policy (Employee or Third-Party Respondent)^[6]

This Policy will also address the reporting and subsequent investigation process for reports of sexual harassment, sexual assault, stalking, dating violence, and domestic violence that take place outside of the United States.

III. Definitions

Prohibited Conduct

Prohibited Conduct can occur between individuals of the same or different genders.

A. Sexual Misconduct, for purposes of this Policy, includes a variety of prohibited behaviors, including but not limited to Sexual Exploitation, Sexual Intimidation, Sex Discrimination, and any other non-consensual conduct of a sexual nature.^[7] Some occurrences of Sexual Misconduct may not be sexual in nature. Similarly, Sexual Exploitation constitutes Sexual Misconduct and may apply to situations where the sexual conduct itself was consensual, but a related conduct—which was not on its own sexual—nonetheless constitutes Sexual Exploitation (e.g., videotaping or allowing friends to watch a consensual sexual activity without the Consent of the other person). Examples of Sexual Misconduct include:

Sexual Exploitation is taking non-consensual sexual advantage of another person. For example, Sexual Exploitation includes taking non-consensual video and/or audio recordings, photographs, or images of an individual while that individual is engaged in intimate or sexual utterances, sounds, or activities; voyeurism; possession of child pornography; prostituting another person; exposing one’s genitals in non-consensual circumstances; distributing intimate or sexual information about a person without their Consent; or knowingly transmitting a sexually transmitted disease to another person.
Sexual Intimidation involves threatening another person that the perpetrator will commit a sex act against them or engaging in indecent exposure.
Sex Discrimination occurs when an individual is treated adversely because of that person’s sex, gender, sexual orientation, gender identity, or gender expression, or is subject to any other form of Sexual Misconduct. Some examples of conduct that may constitute Sex Discrimination include:
- Treating an individual adversely in any other respect because of their sex, gender, sexual orientation, gender identity, or gender expression;
- Using epithets, slurs, threatening or intimidating acts, including written or graphic material directed to an individual because of their sex, gender, sexual orientation, gender identity, or gender expression; or
- Written, verbal or physical acts directed to an individual because of their sex, gender, sexual orientation, gender identity, or gender expression that purport to be jokes or pranks.

B. Retaliation means an adverse action taken against a Complainant, or a person who files a Complaint, and/or otherwise participates in an investigation or proceeding under this Policy, including Third Parties.

Other Important Definitions

C. Complainant means an individual who is alleged to be the victim of conduct that could constitute Sexual Misconduct.

D. Complaint means any report of conduct that is in violation of this Policy.

E. Respondent means the person who has been accused of conduct prohibited by this Policy.

F. Employee, for purposes of this Policy, means all non-Student Employees of the School, including faculty, staff, adjuncts, and administrators.

G. Third Party, for purposes of this Policy, includes certain third-party affiliates, including volunteers, vendors, visitors, and independent contractors.

H. Student, for purposes of this Policy, means any individuals taking classes at the school, including all degree and non-degree Students. For purposes of this policy, “Student” does not include full-time Employees of the School who are also taking classes at the School (those individuals are considered “Employees”).

I. Campus means the entire physical grounds of the School, remote locations, and facilities away from the main Campus where School-sponsored programs (i.e., Student abroad programs) are held.

J. Campus Authorities means the security department at the School, as well as the Title IX Coordinator, the Deputy Title IX Coordinators, the Vice Dean of Administration, and the Dean and President of the School.

K. Consent is defined by Minnesota law (Minn. Stat. § 609.341, subd. 4) and means words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the Complainant or that the Complainant failed to resist a particular sexual act. A person who is mentally incapacitated or physically helpless as defined by this section cannot consent to a sexual act. Corroboration of the Complainant’s testimony is not required to show lack of consent. Under Minnesota law, mentally incapacitated means that a person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person’s agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration.

L. Title IX Coordinator means the person who is primarily responsible for addressing issues of sex-based Discrimination, including coordinating the School’s efforts to comply with its obligations under Title IX and its governing regulations. The School’s Title IX Coordinator is Christine Szaj, Vice President of Institutional Management (651-695-7733).

M. Deputy Title IX Coordinators means the persons, in addition to the Title IX Coordinator, responsible for Complaints under this Policy. The School’s Deputy Title IX Coordinator is Lynn LeMoine, Dean of Students (651-290-7668). In cases where the Complainant or Respondent is a School Employee, the Director of Human Resources (651-290-6322) may be the Deputy Title IX Coordinator.

IV. Reporting Procedures for Incidents of Sexual Misconduct

Properly reporting Complaints is of vital importance. If Complaints are improperly reported—i.e., reported to the wrong individual, the Complainant risks the possibility that the Complaint will not come to the attention of the appropriate person, and therefore not be acted upon.

As necessary, the School reserves the right to initiate a Complaint and to initiate conduct proceedings without a formal Complaint by the Complainant.

A. Forms of Reporting

1. Reporting Directly to a School Administrator Identified Below

Anyone who believes that they have been the victim of Sexual Misconduct or that they have observed Sexual Misconduct, may report the conduct to any of the following administrators:

Christine Szaj, Title IX Coordinator; Vice President of Institutional Management
875 Summit Ave, St. Paul, MN 55105
651-695-7733
christine.szaj@mitchellhamline.edu

Lynn LeMoine, Deputy Title IX Coordinator; Dean of Students
875 Summit Ave, St. Paul, MN 55105
651-290-7668
lynn.lemoine@mitchellhamline.edu

Jill Bryant, Vice Dean of Administration
875 Summit Ave, St. Paul, MN 55105
651-695-7726
jill.bryant@mitchellhamline.edu

Director of Human Resources^[8], Deputy Title IX Coordinator
875 Summit Ave, St. Paul, MN 55105
651-290-6322

Jim Hilbert, Interim President and Dean
875 Summit Ave, St. Paul, MN 55105
651-290-7510
jim.hilbert@mitchellhamline.edu

Any Employee who receives a report or witnesses conduct that involves Sexual Misconduct regarding a Student is required to immediately report it to the Title IX Coordinator or a Deputy Title IX Coordinator.

2. Complaints Regarding Conduct of the President and Dean

Any Complaints involving conduct of the President and Dean should immediately be reported to an Officer of the Board of Trustees, whose contact information can be found on the Board of Trustees web page.

3. Online Reporting

Reports can be made online via the Sexual Misconduct/Sexual Harassment Reporting Form. All reports will be forwarded to the Title IX Coordinator.

Reports may be made anonymously; however, the reporter is encouraged to provide as much information as possible. Because of the nature of anonymous reports, the School may be limited in its ability to investigate and respond to an anonymous report.

4. Notifying Law Enforcement

Any individual who believes they have been the victim of Sexual Misconduct also retains the right to notify—or decline to notify—law enforcement authorities. In some cases, unless prohibited by law, an individual may pursue criminal action and a School internal Complaint concurrently. In certain circumstances, the School is prohibited from waiting for a criminal case to conclude before proceeding in its own internal investigation.

5. Additional Resources and Contact Information

Appendix A includes a list of confidential School resources; county resources regarding orders of protection, no contact orders, or restraining orders; and additional external resources.

Making a Complaint under this Policy does not preclude a Complainant from contacting any other resource, including but not limited to those listed in Appendix A.

B. Recurrence

If the Sexual Misconduct reoccurs, the recurrence should immediately be reported according to the Reporting Procedure above.

C. Reports of Crimes Due to Protected Status

If anyone believes that they have been a victim of a crime, including larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and/or any other crime involving bodily injury to any person, in which the Complainant believes they were selected because of their actual or perceived sex, gender, sexual orientation, gender identity, or gender expression, they should, if desired, report the incident to the Campus Authorities or local law enforcement.

D. Prohibition Against False Reports

The willful filing of a false report is a violation of this Policy.

E. Statement on Confidentiality

V. Investigation and Resolution

Upon receipt of a Complaint, the Complainant may request that the School initiate the formal resolution process or the alternative resolution process, as described more below. The Complainant’s choice of process is only one consideration regarding which process will be used.

The School, at its discretion, may take immediate steps, based on the severity of the allegations, to protect the parties involved in the Complaint process pending completion of an investigation. If the School conducts an individualized safety and risk analysis and determines that there is an immediate threat to the physical health or safety of any Student, Employee, or other person arising from the allegations and that such immediate threat justifies removal, the School retains the right to remove a Respondent from the School’s education program or activity on an emergency basis. In this instance, the School will provide the Respondent with notice of its decision and an opportunity to challenge the decision immediately following removal.

During the investigation, the School may implement interim actions, including but not limited to changing a Complainant’s work or class schedule; issuing a timely warning if there exists an ongoing threat of danger to the community; providing information about legal options, including but not limited to orders for protection and harassment restraining orders; and notifying appropriate School administration or management personnel.

In appropriate situations, the School will provide written notifications to the parties about options for, and available assistance in, changing academic, transportation, and working situations, if so requested by the parties and if such accommodations are reasonably available, regardless of whether the Complainant chooses to lodge a formal Complaint.

A. Formal Resolution Process

A formal resolution process will take place (a) if the Complainant requests that the formal resolution process take place, (b) if the Respondent requests that the formal resolution takes place, or (c) the School determines that, despite the parties’ desire to resolve the issue via alternative resolution, a formal resolution is needed.

There are two main steps that occur if the formal resolution process is initiated: (1) the initial investigation, and (2) adjudication. The initial investigation includes receipt of a Complaint, assignment of an appropriate investigator, notice to the parties, and commencement of the fact-finding process. Adjudication includes a determination of responsibility, imposition of possible sanctions, and the right of an appeal.

Generally, the investigation will be completed within 60 calendar days from receipt of the Complaint. This timeline includes the period from commencement of an investigation through the resolution. The timeline may be extended if necessary, which may be if additional time is necessary to ensure the integrity and completeness of the investigation among other reasons. The parties will be notified in writing of any extension of the timeframe and the reasons for such extension.

Initial Investigation

1. Receipt of Complaint
Upon receipt of a report or Complaint, the School will notify the Complainant, and when appropriate, obtain consent from the Complainant to promptly undertake or authorize a fair and impartial investigation. Where the Complainant requests anonymity or that an investigation not be pursued, the School will consider the following factors in determining whether to pursue an investigation: (1) the totality of the circumstances; (2) the presence of any known risks, (3) the potential impact of action on the Complainant, (4) any evidence showing the Respondent made statements of admission or accepted responsibility for the prohibited conduct, (5) the existence of any independent information or evidence, and (6) any other available and relevant information. Where the School determines that it must proceed with an investigation despite a Complainant’s request to the contrary, the School will make reasonable efforts to protect the privacy of the Complainant. If the Complainant’s identity may have to be disclosed, the School will notify the Complainant that the School intends to proceed with an investigation.
2. Assignment of Investigator
Depending on the parties involved, the investigation may be conducted by (a) the Dean or the Dean’s designee(s), (b) an experienced external investigator, or (c) a combination of the above. The investigation will be conducted by someone who has been trained on how to conduct a prompt, fair, and impartial investigation; how to provide safety to parties; and how to promote accountability.

3. Notice
The Title IX Coordinator will notify both the Complainant and Respondent, in writing, if the School commences a formal investigation. Such notice will: identify the Complainant (unless there is good reason not to do so) and the Respondent; specify the date, time, and location (if known), and nature of the prohibited conduct; specify the potential violation(s) of this Policy; and provide the name of the investigator. A copy of this Policy will also be provided to both the Complainant and Respondent.

Complainants and Respondents may choose to participate or decline to participate in the investigation. That said, participation of these parties is not mandatory for the investigation to proceed.

4.Commencement of Fact-Finding Process
The investigation may, as appropriate, consist of personal interviews with the alleged Complainant, the reporter (if someone other than the alleged Complainant), the Respondent, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the Complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.

To ensure the School can gather the information necessary to uphold School policies, each Student or Employee who is requested to participate in a fact finding is required to fully cooperate with the investigator. Unless otherwise directed by the investigator, Students and Employees will be expected to limit their discussion of the matter under investigation to those who need to know the information for the purposes of assisting in the resolution of the Complaint. Nothing in this paragraph is intended to limit or restrict in any way a Complainant from contacting at any time the police or governmental agencies responsible for the enforcement of any applicable laws.

The Complainant and the Respondent will be simultaneously notified of any change to the investigation process.

Neither the Complainant nor the Respondent are entitled to have others present during a School disciplinary proceeding.

Adjudication

1. Prior or Subsequent Conduct
In determining whether alleged conduct constitutes a violation of this Policy, the School may consider the facts and surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved, and the context in which the alleged incidents occurred. During the investigation, the School will never consider evidence about the Complainant’s prior sexual conduct with anyone other than the Respondent.

2. Standard of Proof
Whether a particular action or incident constitutes a violation of this Policy requires a determination based on all the facts and surrounding circumstances using a preponderance of the evidence standard.

3. Written Report and Opportunity to Respond
Upon completion of the investigation, the investigator will submit a written report to the Title IX Coordinator that includes findings of fact related to the Complaint based on personal interviews, documentary evidence, and any other information found to be relevant to the investigation.

The Title IX Coordinator will provide the Complainant and Respondent an opportunity to review this report and prepare a written response which will be attached to the investigator’s report. The Title IX Coordinator will forward this report and any written response to a member of the faculty designated as an adjudicator who will make a determination whether there is a violation under this Policy.

4. Disciplinary Sanctions by the School

If the adjudicator determines there has been a violation of this Policy, the adjudicator will also decide the appropriate sanction. In accordance with applicable law, the School retains the right to issue possible sanctions or engage in protective measures following a final determination of a School disciplinary procedure. Sanctions may include:

No-contact directive
Restriction of privileges
Probation
Written Warning
Suspension
Dismissal

The adjudicator will submit to the Title IX Coordinator a written report that includes the final determination; sanction, if any; and rationale for the decision.

The Title IX Coordinator will inform the President and Dean of the results of the investigation.^[9] Upon completion of the adjudication, the Title IX Coordinator will simultaneously inform the Complainant and Respondent of the results of the investigation.

5. Appeals
If a Student is involved (either as the Complainant or the Respondent), then both the Complainant and Respondent have a right to appeal. The appeal should be filed in writing with the Title IX Coordinator within 5 business days of being notified of the results of the investigation. The appeal should set forth the grounds on which the appeal is being filed and all of the facts and arguments in support of the appeal. A delay in filing the appeal may be grounds for rejection of that appeal.

The ONLY grounds for appeal are as follows:

Procedural irregularity that significantly affected the outcome of the matter (the appealing party must include a summary of the irregularity and its potential impact in its appeal);
New evidence that was not reasonably available at the time the decision was made, that could affect the outcome of the matter (the appealing party must include a summary of this new evidence and its potential impact in its appeal); or
The investigator and/or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the matter (the appealing party must include a summary of this conflict of interest or bias and its potential impact in its appeal).

Appeals are not intended to be a full re-investigation of the Complaint. In most cases, appeals are confined to a review of the written document and the appeal notice.

The Title IX Coordinator, in its discretion, will determine the appropriate appeals officer depending on the nature of the parties’ relationship to the school. Before an appeal is determined, the Respondent in this appeal may be given the opportunity to review the appeal and, should they wish, to submit a written opposition to the appeal to the Title IX Coordinator. The appeal review should be completed within 10 business days of receipt of the appeal, or, when applicable, receipt of written opposition.

The Title IX Coordinator will simultaneously notify the Complainant and Respondent of the School’s decision. The appeal decision is final.

B. Alternative Resolution Process

After making a Complaint, the Complainant may request that the School seek alternative resolution in place of a formal resolution process. To proceed in the alternative resolution process, the Respondent must agree, as well. Participation in alternative resolution is voluntary for both the Complainant and Respondent. The School cannot compel either the Complainant or the Respondent to engage in the alternative resolution process and will permit either party to withdraw from alternative resolution at any time.

The School retains full discretion regarding whether alternative resolution is appropriate in light of the specific circumstances of each case and, despite the parties’ interest in resolving an issue via alternative resolution, the School maintains the right to require resolution via the formal resolution process. The School may terminate an ongoing alternative resolution at any time.

Alternative resolution agreements may include:

Resolution with the assistance of third party, such as a mediator;
Increased monitoring, supervision, and/or security;
Targeted or broad-based educational programming or training;
Educational program modifications; and
Other remedial or protective measures.

If the alternative resolution process fails to achieve a resolution that is acceptable to the Complainant, Respondent, or the School, the Complaint may go through the formal resolution process. In addition, a party may appeal a resolution from the alternative resolution process via the formal resolution process’ appeal procedure.

VI. Cooperation with Law Enforcement

The School will comply with law enforcement’s request for cooperation and such cooperation may require the School to temporarily suspend the fact-finding aspect of an investigation while the law enforcement agency gathers evidence. The School will promptly resume its investigation as soon as notified by the law enforcement agency that it has completed the evidence gathering process, which typically takes three to ten calendar days, although the delay in the School’s investigation could be longer in certain instances.

The School will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the parties and the Campus community and the avoidance of retaliation.

When appropriate or legally obligated, the School may share investigative information with law enforcement.

VII. Attempted Violations

In most circumstances, the School will treat attempts to commit any of the violations listed in this Policy as if those attempts had been completed.

VIII. No Retaliation

There will be no Retaliation against any Complainant of Sexual Misconduct under this Policy, nor against any person who participates in an investigation. The School will take appropriate action against any Student, Employee, or, when appropriate, Third Party, who retaliates against any person who makes a good-faith report, who testifies, assists or participates in an investigation, or who testifies, assists or participates in a process relating to the report. In addition, neither the School, nor any officer, Employee, or agent of the School may retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights to avail themselves of the School’s Complaint procedure under this Policy.

IX. Conflict of Interest

If there is a conflict of interest with respect to any party affected by this Policy, appropriate accommodations will be made, such as, but not limited to, appointing or contracting with a Consultant to conduct the investigation, or recusing the person from the process for whom a conflict or potential conflict of interest exists.

X. Alternative Complaint Procedures

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include, but is not limited to, filing a charge with the United States Department of Education Office for Civil Rights (OCR). The OCR office for Minnesota is located at:

U.S. Department of Education Office for Civil Rights
Citigroup Center
500 W. Madison Street, Suite 1475
Chicago, IL 60661-4544
Tel: 312-730-1560
TDD: 877-521-2172
Email: OCR.Chicago@ed.gov

XI. Waiver of Drug/Alcohol Violations

The School strongly encourages Students to report instances of Sexual Misconduct. As such, Students who report such information will not be disciplined by the School for any violation of its drug and alcohol policies in which they might have engaged in connection with the reported incident.

XII. Questions

Please direct any questions to the Title IX Coordinator or a Deputy Title IX Coordinator.

Appendix A. Resources and Contact Information

Confidential School Resources:

Counseling Services 651-290-8656 — Counseling services are offered on a consistent basis and are a valuable on-campus resource for ongoing support during a School disciplinary proceeding or criminal process.

County Resources regarding orders of protection, no contact order, or restraining orders:

Ramsey County Domestic Abuse and Harassment Office, 651-266-5130
Hennepin County Domestic Abuse Service Center, 612-348-5073

Community/External Resources

St Paul Police
Emergency 4911 (on Campus) and 911 (off Campus)
Non-Emergency Number:
651-291-1111

Casa de Esperanza
St. Paul, MN
651-772-1611
24-hour Bilingual (English and Spanish) helpline

Day One Services
1-866-223-1111
Crisis Support, information on shelters, safety panning, and orders for protection

Sexual Offense Services of Ramsey County
24-hour hotline; free and confidential
555 Cedar Street
St. Paul, MN 55101
651-266-1000

Lawyers Concerned for Lawyers
651-646-5590 or
1-866-525-6466

St Paul/Ramsey County Domestic Abuse Intervention Project (24-hour crisis line)
651-645-2824
888-575-3367

Minnesota Coalition Against Sexual Assault (MNCASA)
651-209-9993

National Domestic Violence Hotline
1-800-799-SAFE (7233)

OutFront Minnesota
(24-hour anti-violence crisis support line for LGBT Victims)
612-822-0127 (option 3)
1-800-800-0350 (Option 3)

Rape, Assault, and Incest National Network (RAINN)
1-800-656-4673
24-hour hotline; free and confidential
Online chat available.

Ramsey County Domestic Abuse and Harassment Office
651-266-5130

Regions Hospital Emergency Room
651-254-3306
640 Jackson Street
St. Paul, MN 55101

United Hospital Emergency Room
651-241-8755
333 North Smith Avenue
St. Paul, MN 55102

[1] For complaints regarding incidents of sexual harassment, including sexual assault, stalking, dating violence, and domestic violence that take place within the United States, please see the School’s Title IX Sexual Harassment Policies.

[2] For complaints regarding any forms of harassment or discrimination besides that based on actual or perceived sex, gender, gender identity, sexual orientation, and gender expression, please see the School’s Non-Discrimination and Non-Harassment Policy.

[3] The School does not prohibit relationships between employees and Students, faculty, and staff, or supervisors and Employees. That said, individuals must recognize that, in many of these types of relationships, there inherently exists a power differential that cannot be ignored and that may lend itself to various forms of Sexual Misconduct. For more information, please consult the School’s Problematic Consensual Romantic Relationship Policy.

[4] If a Complainant alleges that they were the victim of Sexual Misconduct by an Employee or Third Party, the Sex Discrimination and Sexual Misconduct Policy (Employee or Third-Party Respondent) will apply.

[5] If the Respondent is both a Student and a Student Employee, this Policy applies (except for Respondents who are full-time Employees who are also taking classes at the School and who should consult the School’s Title IX Sexual Harassment Policy (Employee or Third-Party Respondent)). A Respondent who is both a Student and a Student Employee may be subject to any of the sanctions applicable to Students or Employees.

[6] If either the Complainant or Respondent is a Student, then the procedure for appeals set forth in this Policy applies.

[7] For complaints regarding incidents of sexual harassment, sexual assault, stalking, dating violence, and domestic violence that take place within the United States, please see the School’s Title IX Sexual Harassment Policies.

[8] The Director of Human Resources will typically serve as the Deputy Title IX Coordinator in situations when an Employee is either the Respondent or the Complainant.

[9] If the Complaint involves the President and Dean, the report must be made directly to the Board of Trustees.