This policy outlines the process for resolving reports of prohibited conduct against staff.
GRIEVANCE PROCEDURES FOR RESOLVING REPORTS AGAINST STAFF
Pursuant to the Dartmouth Sexual and Gender-Based Misconduct Policy
Dartmouth College ("Dartmouth") is committed to providing a prompt and equitable response to reports or complaints of Prohibited Conduct under Dartmouth Sexual and Gender-Based Misconduct Policy (the "Policy"). Dartmouth's process for addressing Prohibited Conduct is grounded in promptness and equity and support for all parties, includes procedural protections that ensure notice and meaningful opportunities to participate, and recognizes the dynamics involved in Prohibited Conduct. For additional information, including the definitions for specific forms of Prohibited Conduct and related concepts, see: Dartmouth College Sexual Misconduct Policy .
The process outlined in this document follows the final Title IX regulations issued by the U.S. Department of Education's Office for Civil Rights in April 2024. Dartmouth's written grievance procedures provide for prompt and equitable resolution of complaints of sex discrimination, including, sex-based harassment involving a staff complainant or staff respondent. Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Dartmouth has an obligation to address a sex-based hostile environment under its education program or activity even when some conduct alleged to be contributing to the hostile environment occurred outside Dartmouth's education program or activity or outside the United States.
Dartmouth will treat Complainants and Respondents equitably by offering Supportive Measures to a Complainant, and by following a formal resolution process that complies with the regulations before the imposition of any disciplinary sanction against a Respondent.
Upon receipt of a report of Prohibited Conduct, the matter may be resolved through:
I. TO WHOM THIS PROCESS APPLIES
This policy applies broadly to the entire Dartmouth community, including, but not limited to, all students (undergraduate, graduate, and professional school students) and visiting students (undergraduate, graduate, and professional school students; those employed by Dartmouth, including all faculty members, postdoctoral fellows, and all staff positions (including all exempt and non-exempt positions, bargaining unit positions, non-faculty academic positions (such as Research Associates, Research Fellows, and Research Scientists) and senior administrative and leadership positions), as well as those adjunct and visiting faculty, clinicians, and research or health scientists who are not employed by Dartmouth but have Dartmouth faculty, affiliate, postdoctoral, or house staff appointments for the purpose of teaching and/or research at Dartmouth, such as but not limited to the Geisel School of Medicine (together "Faculty and Staff" or "Employees"); contractors, vendors, or other third parties contractually obligated to Dartmouth ("Third Parties"); and alumni, visitors, or guests of Dartmouth, including prospective Students or Employees ("Invitees"). These definitions are solely for the purpose of this policy and the grievance procedures for resolving reports under this policy, and do not apply to any other Dartmouth policy.
Student organizations, faculty, administrators, and staff, whether on or off campus, and third parties such as guests, visitors, volunteers, invitees, and alumni when they are on campus or participating in Dartmouth-sponsored activities.
This policy may also pertain to instances in which the conduct occurred outside of the campus or Dartmouth-sponsored activity if Dartmouth determines that the off-campus conduct affects a substantial Dartmouth interest, including access to the educational program or activity, safety and security, compliance with applicable law, and meeting its educational mission. Any member of the campus community, guest, or visitor who acts to deny, deprive, or limit the educational or employment opportunities and/or benefits of any member of Dartmouth community on the basis of sex is in violation of this policy.
The term Education Program or Activity is defined in Section III.
II. MAKING A REPORT
Dartmouth encourages all individuals to report Prohibited Conduct or a potential violation of the Policy to the Title IX Coordinator and/or to local law enforcement. A Complainant has the right to report, or decline to report, potential criminal conduct to law enforcement. Upon request, Dartmouth will assist a Complainant in contacting law enforcement at any time. Under limited circumstances posing a threat to health or safety of any individual or to comply with applicable law, Dartmouth may independently notify law enforcement.
An individual may make a report to Dartmouth, to law enforcement, to neither, or to both. Dartmouth's Title IX processes grievance procedures and law enforcement investigations operate independently of one another, although Dartmouth will coordinate information with the Department of Safety and Security as part of the Initial Assessment. Anyone can make a report of Prohibited Conduct under this policy regardless of affiliation with Dartmouth and regardless of whether the person reporting is the person alleged to be the victim of conduct or by any other means that results in the Title IX Coordinator receiving the person's verbal or written report.
The Title IX Coordinator is charged with monitoring compliance with Title IX; providing education and training; and coordinating Dartmouth's investigation, response, and resolution of all reports of Prohibited Conduct under this Policy. The Title IX Coordinator acts with independence and authority and oversees all resolutions under this Policy free from bias and conflicts of interest. The Title IX Coordinator is available to meet with any Student or other individual to discuss this Policy or appropriate grievance procedures.
Title IX Coordinator
Parkhurst Hall, Suite 05, 14 North Main St., Hanover NH 03755
Office of Equal Opportunity, Accessibility, and Title IX (EOATIX)
603-646-0092
Email: Equal.Opportunity.Accessibility.and.Title.IX@dartmouth.edu
A report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator. To schedule an appointment, call 603-646-0922.
A report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator. To schedule an appointment, call 603-646-0922 or Email: Equal.Opportunity.Accessibility.and.Title.IX@dartmouth.edu
Make a report to the Office of Human Resources in person, by telephone, by email, or by any other means that results in the Office of Human Resources receiving the person's verbal or written report, at:
Human Resources
7 Lebanon Street, Hanover, NH 03755
603-646-3411 Email: human.resources@dartmouth.edu
A report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator. To schedule an appointment, call 603-646-0922.
Individuals may also report anonymously through the Dartmouth Compliance and Ethics Hotline, Dartmouth's telephone and web-based confidential reporting tool. The Hotline allows the reporter to report concerns and communicate with Dartmouth administrators while maintaining anonymity. Depending on the nature of the information provided, Dartmouth's ability to respond may be limited. Additional information about anonymous reporting is located at Ethicspoint: www.dartmouth.ethicspoint.com Or: 888-497-0516
Individuals may contact the Department of Safety and Security in person, by telephone, or by e-mail for assistance in filing a criminal complaint and preserving physical evidence at:
Department of Safety and Security
5 Rope Ferry Road
Hanover, NH 03755
Safety.and.Security@Dartmouth.edu
Tel: 603-646-4000
If off campus, call 911 to reach local law enforcement, or contact:
Hanover Police Department, Tel: 603-643-2222 (non-emergency number)
Or the local police department where the conduct occurred.
A Complainant may pursue some or all of these steps at the same time (e.g., a Complainant may simultaneously pursue a report to Dartmouth and a criminal complaint). When initiating any of the above options, a Complainant does not need to know whether they wish to request any particular course of action or how to label what happened. Dartmouth's processes and the legal system are independent of one another, and Dartmouth has its own interest in, and responsibility for, the enforcement of its Sexual and Gender-Based Misconduct Policy. Dartmouth will not unilaterally defer its grievance procedures pending the outcome of a criminal process, nor will the outcome of any legal process be determinative of the Dartmouth's resolution or outcome.
III. OUTREACH, INTAKE, AND INITIAL ASSESSMENT
A. Outreach
When the Title IX Coordinator or EOATIX receives a report alleging a potential violation of the Policy, the Title IX Coordinator or their designee will promptly contact the Complainant requesting to meet. Additionally, the Complainant will receive information regarding Dartmouth's confidential and private supportive resources, their rights, and available resolution options.
B. Intake
The Title IX Coordinator or designee will attempt to meet with the Complainant for an intake to review their rights, options, and obtain sufficient information to conduct an Initial Assessment. The purpose of an intake is to ensure all Dartmouth community members have equitable access to information about Dartmouth resources, policies and procedural options for resolving the report.
In addition to the Intake or in-person meeting, Dartmouth will provide the Complainant or Reporting Party with written information about resources, procedural options, and reasonably available Supportive Measures. This written information shall include a notification about the process for seeking disability-based accommodations, academic adjustments, and/or auxiliary aids under Section 504 of the Rehabilitation Act and/or the Americans with Disabilities Act.
As part of the Intake Meeting, Dartmouth will:
The Title IX Coordinator or designee will discuss the availability of Supportive Measures, inform the Complainant of the availability of Supportive Measures with or without the filing of a Complaint, explain to the Complainant the process for filing a Complaint, and consider the Complainant's wishes with respect to Supportive Measures.
Dartmouth will offer Supportive Measures to a Complainant, inform the Complainant of the availability of Supportive Measures with or without the filing of a Complaint, and explain to the Complainant the process for filing a Complaint, and consider the Complainant's wishes with respect to Supportive Measures. A Complainant may request Supportive Measures only a resolution option.
The EOATIX Office will document each report or request for assistance, including requests for Supportive Measures, as well as the response to any such report or request; and will review and retain copies of all reports generated as a result of any investigation. Dartmouth will maintain the records for a period of seven years. The records will be kept private to the extent required or permitted by law.
C. Initial Assessment
The Initial Assessment seeks to gather information only to determine whether the Policy applies to the report and, if so, whether an informal or formal resolution process or the imposition of Supportive Measures only is the appropriate response under the Policy. The Initial Assessment is not a finding of fact or responsibility. The Initial Assessment will also include a determination whether the reported information poses a serious or ongoing threat to campus safety, to protect the safety of the Complainant, any other individuals which may require a timely warning pursuant to the Clery Act.
The Initial Assessment is conducted by the Title IX Coordinator or, at the discretion of the Title IX Coordinator, a small interdepartmental team (the "Title IX Team") that may include some or all of the following: the Title IX Coordinator, a Deputy Title IX Coordinator, the Director of Safety and Security, and a Dean. The Title IX Coordinator has the authority to include additional individuals or, based on considerations such as privacy, health and safety, and timeliness, to conduct an Initial Assessment independently or with a smaller group. In all cases, the Title IX Team will be limited to those individuals who need to be informed in order to provide effective and equitable review and timely resolution of reports while protecting the privacy of parties and witnesses as fully as possible.
Generally, the Initial Assessment will consider the nature of the report, the safety of the individual and the campus community, and the Complainant's expressed preference for the manner of resolution in determining the appropriate course of action to achieve the goals of Title IX and the Policy. The Initial Assessment, separate from the intake meeting, may include an additional meeting with the Complainant or Reporting Party to further understand the nature and circumstances of the report.
The Title IX Coordinator will be responsible for determining whether the reported conduct falls within the scope of the Policy and this process, and more specifically, whether the reported conduct falls within Title IX jurisdiction as defined by the Title IX regulations. If so, Dartmouth may move forward with a Complaint process as described below. If not, Dartmouth may dismiss any Complaint. [See Dismissal Section]
As part of the Initial Assessment, the Title IX Coordinator will:
Alternatively, as described below, the Title IX Coordinator may determine that it is appropriate to file a Complaint even in the absence of a Complaint filed by a Complainant.
The Title IX Coordinator will evaluate reasonably available information to make the following determinations:
Based on the answers to these two questions, the Title IX Coordinator will make a determination about scope and process. This is a threshold determination regarding scope and jurisdiction, which will determine appropriate next steps as follows:
The Initial Assessment will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made, and Dartmouth has sufficient information to determine the appropriate course of action.
D. Initial Assessment Determination or Notice
At the conclusion of the Initial Assessment, the Complainant will receive a written notice detailing whether Dartmouth 1) has authority to resolve the Complaint or reported concerns to the Complainant, 2) recommended next steps, and 3) refer that individual to the appropriate resources, including local law enforcement resources as applicable, and 4) provide reasonably available Supportive Measures. Dartmouth will aim to complete the Initial Assessment as promptly as possible, typically within ten (10) business days. There may be circumstances, however, where the Initial Assessment takes longer based on the availability of the Complainant or other necessary information, the need to gather additional information, or other factors outside of Dartmouth's control. Dartmouth also understands that a Complainant may engage in delayed decision-making, which may impact the timing of the conclusion of the Initial Assessment.
E. Emergency Removal
Dartmouth may remove a Faculty Respondent from Dartmouth property, a program or activity on an emergency basis, where Dartmouth (1) undertakes an individualized safety and risk analysis, (2) determines that an immediate and serious threat to the health or safety of a complainant or any student, employee, or other individual arising from the allegations of sex discrimination justifies a removal.
Generally, the Title IX Coordinator will consult with the Department of Safety & Security, and the appropriate Dean, to determine whether an immediate threat to the physical health or safety of Students, Faculty, and/or Staff justifies emergency removal of a Respondent, The Title IX Coordinator shall notify the Respondent of the emergency removal and shall provide the Respondent with a written decision summarizing the removal from Dartmouth and explanation as to how to challenge the removal immediately thereafter.
The Respondent may challenge the decision immediately following the removal, by notifying the Title IX Coordinator in writing. [See The Appeals Process Section]
F. Administrative Leave
Dartmouth may place the Respondent on paid or unpaid administrative leave, or assign a material change in work responsibilities during a pending complaint process under this policy, with or without pay as appropriate. Administrative leave may be a supportive measure, emergency removal, or consistent with any applicable collective bargaining agreement. Administrative leave implemented as a supportive measure or as emergency removal is subject to the procedural provisions above, including the right to challenge the decision to implement that measure.
G. Challenge to Emergency Removal or Administrative Leave
The Title IX Coordinator will promptly provide the Respondent with written notice of the removal and an opportunity to challenge the removal. That notice shall include a statement that Dartmouth's use of any information the Respondent chooses to provide may subsequently be used in implementation of any aspect of the Policy or this resolution process. The Respondent will have 72 hours to submit a written challenge to the safety and risk analysis to the Title IX Coordinator, which will be immediately reviewed. The Title IX Coordinator will designate an impartial individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable. The Respondent will have an opportunity to present relevant evidence challenging the safety and risk analysis. The decision maker will submit a final decision in writing to the Respondent within 3 business days. The decision-maker may also consult with a Dean or seek input from the Complainant. The Title IX Coordinator will notify the Complainant and Respondent in writing of the outcome of the challenge.
H. Filing a Complaint
The formal resolution grievance procedures (investigation, hearing, and appeal process) are initiated by a Complaint. A Complaint is oral, or a written document submitted to the Title IX Coordinator by the Complainant requesting an investigation to make a determination as to the conduct alleged. The Complaint may be submitted to the Title IX Coordinator in person, by mail, or by electronic mail, using the Complaint form, or orally. The Complainant may also contact the Title IX Coordinator directly for assistance.
After the filing of a Complaint, the Complainant may decide to seek Informal Resolution. A Complainant is always entitled to reasonably available Supportive Measures, regardless of whether a formal or informal resolution process is initiated. In some instances, a Complainant may request that their identity not be shared with the Respondent or that Dartmouth not pursue an investigation. Where possible, Dartmouth will seek to accommodate a Complainant's request, provided that it can do so in the context of Dartmouth's responsibility to provide a safe and non-discriminatory environment for all Dartmouth community members.
I. Consolidation of cases
Dartmouth may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, or there are multiple complaints with overlapping parties where the allegations of Prohibited Conduct arise out of the same facts or circumstances.
Dartmouth also reserves the right to use this policy to adjudicate other allegations and conduct charges as defined by policies outside of the scope of this policy in instances when the conduct is associated with an alleged issue of Prohibited Conduct under this policy. The Title IX Coordinator will address these consolidated complaints in collaboration and coordination with other appropriate offices, such as Human Resources.
J. Title IX Coordinator's Authority to Initiate a Complaint
If the Complainant does not wish to file a Complaint, the Title IX Coordinator, has discretion as to whether a Complaint is initiated, will offer supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the Title IX Coordinator will evaluate that request to determine if there is a serious and imminent threat to someone's safety or if the Recipient cannot ensure equal access without initiating a Complaint. The Title IX Coordinator will consider the following non-exhaustive factors to determine whether to file a Complaint:
If deemed necessary, the Title IX Coordinator may consult with appropriate senior leadership, and/or conduct a safety risk assessment to aid their determination whether to initiate a Complaint.
When the Title IX Coordinator initiates a Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged conduct that could constitute a violation of this Policy.
Dartmouth will take all reasonable steps to respond to the report consistent with a Complainant's requested course of action, but its ability to do so may be limited based on the nature of the reported information. Where the Title IX Coordinator files a Complaint, the Title IX Coordinator or designee will inform the Complainant about the chosen course of action.
A Respondent will be notified in writing when Dartmouth seeks action that would restrict the Respondent's movement on campus or any teaching, research, or service responsibilities; the initiation of an investigation; or the decision to request the Respondent's involvement in Informal Resolution. To the extent required by New Hampshire law, Respondents shall also have the right to receive access to any personnel records pertaining to them that are created and maintained by Dartmouth.
Dartmouth may dismiss a complaint of sex discrimination made through its grievance procedures at any time for any of the following reasons:
Prior to dismissing the complaint, Dartmouth must make reasonable efforts to clarify the allegations with the Complainant. Upon dismissal, Dartmouth will notify the Complainant that a dismissal may be appealed and provide the Complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then the recipient must also notify the Respondent that the dismissal may be appealed. Dartmouth will notify the Respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing of their right to appeal based on one of the following grounds:
If the dismissal is appealed, Dartmouth must:
In the event, Dartmouth dismisses a complaint the Title IX Coordinator will:
IV. STANDARD OF EVIDENCE
In all stages of the process, Dartmouth will apply the preponderance of the evidence standard (i.e., more likely than not) when determining whether to conclude that Dartmouth policy has been violated.
V. ADVISORS
Complainants and Respondents are entitled to be accompanied and assisted by an Advisor of their choosing at both formal and informal meetings, investigation interviews and, if applicable, a subsequent panel hearing. There is no requirement that the Advisor be an individual from the Dartmouth community. Generally, Advisors may not participate in the process or speak on behalf of the Complainant or Respondent, although Advisors are permitted to conduct cross-examination of the parties and witnesses during a panel hearing under the Title IX Hearing Process. In addition, Advisors may ask to suspend any meetings, interviews, or hearings briefly to provide consultation; Dartmouth retains the discretion to deny such requests if they are excessive, burdensome, or otherwise unreasonable. Complainants and Respondents may choose to have an attorney serve as their Advisor, but adjustments to the process, including scheduling of interviews or hearings, will not be made for any Advisors, including attorneys, if they unduly delay the process. If a party does not have an Advisor and the matter is proceeding to a panel hearing under the Title IX Hearing Process, Dartmouth will provide an Advisor, without fee or charge, to the party for the sole purpose of conducting questioning at the hearing on behalf of that party. Advisors and their parties will be provided equal opportunity to access the evidence that is Dartmouth will take reasonable steps to prevent and address the parties' and their advisors' unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.
VI. FORMAL RESOLUTION GRIEVANCE PROCEDURES
A formal resolution process will occur when (a) a report of a violation of the Policy is made and the Complainant files a; or (b) the Title IX Coordinator files a Complaint or clearly requests in either verbally or in writing they want Dartmouth to investigate; after making the determination that a formal resolution process is necessary
A. Investigation
1. Expectations for the Parties
During the investigation and resolution process, both the Complainant and Respondent have equal rights, including the opportunity to receive a written notice of investigation; to participate in the investigation; to review and present information and evidence; to be accompanied by an advisor of their choice to any meeting; to timely and equal access to all information gathered that is directly related to the allegations in the Complaint, as well as the information contained in the investigation report that will be used in disciplinary proceedings; to timely written notice of meetings at which their presence will be requested or required, including the purpose of the meeting and participants, with sufficient time to prepare; to notice of the hearing; to question the other party during the hearing, either through the party's Advisor or through the Hearing Coordinator/Chair; to simultaneous written notice of the outcome, sanction, and rationale; and to appeal the outcome.
The Investigator may receive any information presented by the parties, but the Investigator, not the parties, is responsible for gathering relevant evidence. The Complainant and Respondent will be asked to identify witnesses and provide other relevant information, such as documents, communications, and other evidence, if available. The parties are encouraged to provide all relevant information as promptly as possible to facilitate prompt resolution. In the event that a party declines to voluntarily provide material information, Dartmouth's ability to conduct a prompt, thorough, and equitable investigation may be impacted. Dartmouth will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
All Dartmouth community members are expected to provide truthful information in any report or proceeding under this Policy and are further expected to cooperate with Dartmouth in any such proceeding. Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in connection with an incident of prohibited conduct is prohibited and subject to disciplinary sanctions. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated or no policy violation is found to have occurred.
2. Initiating an Investigation
Investigations are conducted in an equitable and prompt manner. Specifically, the burden is on Dartmouth to gather sufficient evidence and the parties will have equal opportunities for all parties to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.
In the event a Respondent is charged with a violation of an applicable conduct code that arises out of the same set of facts or circumstances as the report of Prohibited Conduct, the EOATIX Office may also investigate and resolve the related conduct charge. If the Respondent is charged with a violation of another Dartmouth policy that is unrelated to the alleged violation of the Policy, the EOATIX Office shall coordinate its investigation and resolution as appropriate with any such investigation or resolution under the other applicable Dartmouth policy. Such coordination may include, at the discretion of the EOATIX Office, the sharing of information that is relevant to an investigation or resolution under the other Dartmouth policy on a private, "need to know" basis as consistent with applicable legal requirements, including, the Federal Educational Rights and Privacy Act, Dartmouth's student records policy, and other applicable laws and policies.
3. Investigator Assigned
Dartmouth will assign a trained Investigator to investigate the allegations. The EOATIX will have the discretion to determine whether the investigator will be internal (an employee at Dartmouth) or external (an individual outside of the Dartmouth community), or a combination of both internal and external investigators working as co-investigators. The role of the investigator will be to gather information through interviews of the Complainant, Respondent, and witnesses and synthesize the information in a report that will be provided to the Complainant, Respondent, and the Hearing Panel (which is constituted as described below). The investigation report will include all relevant information provided by either party that will be used in the determination of responsibility or sanction.
Any investigator used by Dartmouth will receive annual training on the issues related to sexual and gender-based harassment, sexual assault, dating violence, domestic violence, and stalking; the definition of sexual harassment in the Title IX regulations; the scope of Dartmouth's Education Program and Activity; and on how to conduct an investigation and resolution process that is fair and impartial, provides parties with notice and a meaningful opportunity to be heard, and protects the safety of Complainants while promoting accountability; how to create an investigation report that accurately summarizes relevant evidence; and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. The investigator will be impartial and free from conflict of interest or bias.
4. Conflicts of Interest or Bias
A conflict of interest may arise when a member of the Dartmouth community uses or has the authority to use their position to improperly influence a Dartmouth decision, action or outcome with regard to the implementation and enforcement of this policy, including associated investigative and disciplinary procedures. It is the responsibility of all members of the Dartmouth community involved in any aspect of a report of Prohibited Conduct to identify and disclose potential or actual conflicts as they arise to the Title IX Coordinator and/or Human Resources. Dartmouth community members who are covered by Dartmouth's Conflict of Interest Policy are reminded of their obligation to comply with the requirements of that Policy.
Any individual carrying out any part of this policy shall be free from any actual conflict of interest or demonstrated bias that would impact the handling of a matter. The Title IX Coordinator(s), investigators, decisionmakers, and facilitators of an informal resolution process must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
Should any investigator, Decisionmaker, or Appeals Officer have a conflict of interest, the investigator, Decisionmaker, or Appeals Officer is to notify the Title IX Coordinator upon discovery of the conflict so that the Title IX Coordinator may review and if determined that a conflict of interest or demonstrated bias potentially exists may reassign the role as appropriate.
Should a party allege that the Title IX Coordinator have a conflict of interest or demonstrated bias, the Title IX Coordinator is to immediately notify the VP of EOATIX, or if the VP of EOATIX is serving as the Title IX Coordinator, the party should notify the Chief of Health and Wellness Officer. The party should notify the Title IX Coordinator or VP of EOATIX of the conflict of interest or demonstrated bias in writing. The VP of EOATIX, or if the VP of EOATIX is serving as the Title IX Coordinator, the Chief of Health and Wellness Officer, will review the written allegations and make a determination in 3 business days. The Title IX Coordinator or VP of EOATIX may deny any changes or reassign roles within the procedures for carrying out the handling and finalization of the matter at issue. An appeal related to the decision of the Title IX Coordinator or VP of EOATIX regarding conflict of interest or demonstrated bias may be raised in the appeal stage of the grievance procedure.
5. Informational Meeting with the Respondent
Dartmouth will provide outreach to a Respondent, in writing, to invite the Respondent to an informational meeting, similar to the intake meeting with the Complainant. The written communication will include notice of the date, time, location, participants, and purposes of the informational meeting, and will be provided with sufficient time for the Respondent to prepare to participate in the meeting.
At the initial meeting, the Title IX Coordinator or designee will provide the Respondent with information about resources, procedural options, and Supportive Measures and an opportunity to discuss Dartmouth's policies. In addition to the in-person meeting, Dartmouth will provide the Respondent with written information about resources, procedural options, and reasonably available Supportive Measures. This meeting is informational in nature and is separate and distinct from a fact-gathering interview with the investigator. Dartmouth may also provide the Respondent with a copy of the written notice of investigation during this informational meeting, but the Respondent will not be expected or required to answer questions about the allegations.
6. Notice of Investigation
Prior to the start of an investigation, the Parties will be provided a written Notice of Investigation communicating the initiation of an investigation. Should additional allegations be brought forward, or information regarding location or date of the incident(s), a revised written Notice of Investigation shall be provided to all parties.
The Notice shall include, at a minimum:
If the investigation reveals the existence of additional or different potential policy violations, including a violation of Supportive Measures, the Title IX Office will issue a supplemental notice of investigation.
7. Overview of Investigation
During an investigation, the investigator will seek to meet separately with the Complainant, Respondent, and relevant witnesses. The investigator will send written notice of the interview date, time, and location, name of participant(s) and purpose of the interview to the parties and witnesses, in sufficient time for the party to prepare and participate. The investigator will also gather other relevant information or evidence, including documents, photographs, communications, and any electronic evidence between the parties.
The investigator will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege in writing. If a person voluntarily chooses to share medical or counseling records with the investigator, they must sign a written consent that acknowledges 1) their intent to disclose private or privileged information, 2) the private or privileged information will be shared with the other party, and 3) the information will be used in Dartmouth's grievance procedures.
At the conclusion of the investigation, the Complainant and the Respondent will both have the opportunity to review and respond to all information gathered in the investigation that is directly related to the allegations, including information shared by the Complainant or the Respondent during their interviews or through evidence either provides. The investigator may visit relevant sites or locations and record observations through written, photographic, or other means. In some cases, the investigator may consult medical, forensic, technological, or other experts when expertise on a topic is needed in order to achieve a fuller understanding of the issues under investigation.
The investigator may also consider information publicly available from social media or other online sources that comes to the attention of the investigator. The EOATIX Office does not actively monitor social media or online sources, however, and as with all potentially relevant information, the Complainant, Respondent, or witness should bring online information to the attention of the investigator.
8. Unauthorized Disclosure of Information
Dartmouth will take reasonable steps to prevent and address the parties' unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Dartmouth Prohibits disclosures of personally identifiable information and will not disclose personally identifiable information obtained in the course of complying with Title IX without prior written consent, except in the following circumstances: 1) When Dartmouth has obtained prior written consent from a person with the legal right to consent to the disclosure; 2) When the information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue; 3) To carry out the purposes of this part, including action taken to address conduct that reasonably may constitute sex discrimination under Title IX in the recipient's education program or activity; and 4) As required by Federal law, Federal regulations, or the terms and conditions of a Federal award, including a grant award or other funding agreement; or To the extent such disclosures are not otherwise in conflict with Title IX or this part, when required by State or local law or when permit.
9. Timeline
The investigator will seek to complete the fact gathering stage of the investigation within 60 business days from the appointment of the investigator to the issuance of the draft Investigative Report. The Title IX Coordinator may grant temporary delays or extensions of the investigation for good cause and provide a written notice to the Complainant and the Respondent notifying them of the delay or extension and the reasons for the action. Unless requested by a party or witness, Dartmouth does not conduct interviews during the reading or finals period.
10. Witnesses
Both the Complainant and Respondent have the option to provide names of potential witnesses to the investigator. Witnesses are individuals who may have information relevant to the incident, including individuals who may have observed the acts in question, may be able to provide contextual information, or may have other information related to the incident, the disclosure, or related matters. Witnesses may also be offered to provide subject matter expert information. Witnesses may not participate solely to speak about an individual's character; how individuals present themselves in other contexts (e.g., friendly, kind, and well-liked) has little probative value in evaluating whether particular conduct occurred. Where witnesses are interviewed as part of the investigation, the name of the witness and the information gathered in the interviews will be shared with the parties at the conclusion of the investigation. The investigator has the discretion to determine which of those potential witnesses, or other persons, may have relevant information about the alleged conduct. Witnesses may include individuals outside the Dartmouth community. Dartmouth will take reasonable steps to protect privacy of witnesses during the grievance procedures.
11. Impact and Mitigation Statements
The Complainant may submit a written statement describing the impact of the Prohibited Conduct on the Complainant and expressing a preference about the sanction(s) to be imposed. The Respondent may submit a written statement explaining any factors that the Respondent believes should mitigate or otherwise be considered in determining the sanctions(s) imposed. The Title IX Coordinator will provide any statement(s) to the hearing officer, which will only be considered and shared with the parties if there is a finding of responsibility. Each party has the opportunity to view the other party's statement.
B. The Hearing: Hearing Officer, Hearing Procedure and Determination of Responsibility
The Chief Human Resources Officer (CHRO) or designee serves as the hearing officer. The hearing officer is an impartial decision-maker who will conduct an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence. The role of the hearing officer is to provide all parties with an equitable opportunity to be heard at the hearing; to serve as a safeguard on the reliability and accuracy of the investigative process; to give appropriate consideration to victim impact and mitigating factors; and to reach a full and fair determination of any sanction, should there be a finding of responsibility.
The hearing officer will have received appropriate training to learn how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and meaning and application of the term ''relevant'' in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance under Title IX. The hearing officer may reach credibility determinations but may not base credibility determinations on a person's status as a Complainant, Respondent or witness. The Complainant and Respondent may raise a challenge for actual bias or conflict of interest as it relates to the hearing officer to the Title IX Coordinator before the review begins.
Hearings must be prompt and equitable, affording the Complainant's allegations and the Respondent's defenses all due consideration and protecting the rights of both parties. The hearing officer will review the final investigative report. The hearing officer will also carefully review the evidentiary record, including witness statements, documents, and physical evidence.
The hearing officer may be assisted by an administrative, non-voting Hearing Coordinator, who will assist the hearing officer in the administration of the hearing process, including procedural matters and decisions leading up to the hearing, drafting communications related to the hearing, determinations about information that will be considered or not, appropriate and inappropriate lines of questioning based on relevance, and the overall decorum and conduct of the proceedings. The Hearing Coordinator may be a Dartmouth employee or an external professional.
1. Hearing Format, Deliberations, and Outcome
a. Hearing Format
The scope of the hearing shall be as follows:
The format of the Hearing will be determined by the type of Prohibited Conduct charged and the geographic location of the conduct.
The hearing is an opportunity for the parties to address the hearing officer. The parties may address any information in the investigative report, supplemental statements submitted in response to the investigative report or, at the time of sanction, provide verbal impact and mitigation statements. Dartmouth will make all evidence gathered available to the parties at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination. In reaching a determination, the hearing officer will meet with the Complainant, Respondent, investigator, and any relevant witnesses, but the hearing officer may not conduct its own investigation.
The hearing officer has the discretion to determine the format for the hearing and deliberations. Typically, the parties will have an opportunity to provide an opening statement. Each party will then have an opportunity to address the hearing officer and respond to questions by the hearing officer, or as described below, the other party's advisor. The hearing officer will also hear from relevant witnesses, including the investigator. Each party will have the opportunity to question the other party, the witnesses, and the investigator, either by submitting questions through the hearing officer or, as described below, through their advisor of choice. After all parties and witnesses have been heard, the parties will have an opportunity to provide a closing statement. At the conclusion of the hearing, the hearing officer will determine whether there is sufficient evidence, by a preponderance of the evidence, that Respondent engaged in conduct that violated the policy. If the hearing officer determines the Respondent violated the policy, the hearing officer will determine an appropriate sanction(s).
The hearing will be audio-recorded recorded by Dartmouth. The recording of the hearing will become a written transcript. Upon request, the parties will be granted access to review and inspect the written transcript. Neither the parties, nor any participants or observers, will be permitted to make any audio or video recordings.
The hearing may be convened remotely or in person. The hearing will be live and require the participants to simultaneously see and hear each other. Hearings may be conducted with all parties physically present in the same geographic location, or at the request of either party, the hearing can occur with the parties located in separate rooms with technology enabling the hearing officer and parties to simultaneously see and hear the party or the witness answering questions. While each party is addressing the hearing officer, the other party shall participate in the hearing remotely.
Both the Complainant and the Respondent have a right to participate in the hearing, but participation is not mandatory: neither party is required to participate in the hearing in order for the hearing to proceed, and the hearing officer may not draw a negative or adverse inference from a party's decision not to participate. The Complainant and the Respondent both have the right to be heard by the hearing officer and may each decide whether to exercise that right in person or remotely.
b. Hearing Process
In a hearing that involves any allegation of Prohibited Conduct as defined by the Title IX regulations, even where there are additional allegations not captured by the Title IX regulations, each party may question the other party and witnesses, through their Advisor, directly, orally, and in real time.
Only relevant questions may be asked of a party or witness. Before a Complainant, Respondent, or witness responds to a question, the hearing officer, in consultation with the Hearing Coordinator, will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The hearing officer and Hearing Coordinator will be guided by the same relevance considerations set forth in Section VII.A.8 of this process.
If a party does not have an Advisor present at the live hearing, Dartmouth will provide an Advisor, free of charge, who may be, but is not required to be, an attorney, for questioning on behalf of that party.
If a party or witness does not submit to questioning by the other party's Advisors at the hearing, the hearing officer may rely on any statement of that party or witness in reaching a determination regarding responsibility. The hearing officer may not draw any inference from the decision of a party or witness to not participate at the hearing.
c. Determination by the Hearing Officer
After the hearing officer has concluded their review of the investigation report and any additional information provided during the hearing, the hearing officer shall render a determination. The hearing officer shall determine whether the evidence presented establishes, by a preponderance of the evidence, that the Respondent engaged in Prohibited Conduct in violation of this policy.
If the hearing officer determines that the Respondent is responsible for one or more violations of the Policy or other applicable Dartmouth policies, the hearing officer will determine an appropriate sanction as described below. If the hearing officer determines that the Respondent is not responsible for one or more violations of the Policy or other applicable Dartmouth policies, the hearing officer shall prepare a written decision and rationale, which shall be provided simultaneously to the parties and the Title IX Coordinator.
The Title IX Coordinator shall render a decision in writing, which shall be final.
2. The Sanctioning Process and Decision
If the hearing officer determines that the Respondent is responsible for one or more violations of the Policy or other applicable Dartmouth policies, the hearing officer will then determine an appropriate sanction. In reaching this determination, the hearing officer may consult with the Title IX Coordinator, the HR representative or the Respondent's division or department head.
The Policy prohibits a broad range of conduct, all of which is serious in nature. In keeping with Dartmouth's commitment to foster an environment that is safe, inclusive, and free from discrimination and harassment, the hearing officer has great latitude in the imposition of sanctions tailored to the facts and circumstances of each report, the impact of the conduct on the Complainant and surrounding community, and accountability for the Respondent. Sanctions should support Dartmouth's educational mission and federal obligations. Some conduct, however, is so egregious in nature, harmful to the individuals involved, or so deleterious to the educational process that it requires severe sanctions, including suspension or separation from Dartmouth.
The hearing officer may impose one or more sanctions, including, but not limited to, oral or written warning, disciplinary probation, suspension, termination of employment, training, guidance, adjustment of supervisory or evaluative responsibilities, and measures to protect health and safety.
The hearing officer may solicit information from the Complainant, the Respondent, and any other Dartmouth administrator who can provide information relevant to a determination regarding potential sanctions, including information about, any previous violations of Dartmouth policies. The hearing officer may also review any written impact or mitigation statement submitted by the Complainant or Respondent.
In determining the appropriate sanction, the hearing officer shall consider the following factors:
Sanctions will be imposed immediately. If a Respondent is found responsible and the sanction includes termination, they (depending on circumstances, and at the discretion of the Title IX Office, consulting as necessary with other members of the Title IX Team, if a Team has been appointed) will either be severely restricted in their movements on campus or barred completely during the entirety of the appeal process.
3. Additional Remedies
Regardless of the outcome, the hearing officer may recommend to the Title IX Coordinator additional remedies for the Complainant to address the effects of the conduct on the Complainant, restore or preserve the Complainant's access to Dartmouth programs and activities, and restore to the Complainant, to the extent possible, benefits and opportunities lost as a result of the Prohibited Conduct. The Hearing Panel may also identify remedies to address the effects of the conduct on Dartmouth community.
The Title IX Coordinator is responsible for the coordination and implementation of remedies to a Complainant and other persons the recipient identifies as having had equal access to Dartmouth's education program or activity limited or denied by sex discrimination. The Title IX Coordinator will take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Dartmouth's education program or activity.
4. Written Notice of Outcome
The hearing officer will prepare a written decision and rationale, including the finding of responsibility or non-responsibility, and, if applicable, the sanction and rationale. The hearing officer will issue the written notice of outcome simultaneously to the parties to the Complainant, the Respondent, and the Title IX Coordinator within ten (10) business days. The notice of outcome will include:
Both parties have the right to appeal the dismissal of the Complaint, the final determination of responsibility and/or the resulting sanction based on the following limited grounds:
A concise written request for appeal must be submitted to the Title IX Coordinator within three (3) business days following delivery of the notice of the outcome. Each party may respond in writing to any appeal submitted by the other party. Written responses must be submitted within three (3) business days following delivery of the notice of the written appeal. Written requests for appeal submitted by one party will be shared with the other party.
Appeals are reviewed by a designated Appellate Authority. Either party may challenge the Appellate Authority on the basis of conflict of interest or bias. For cases involving Respondents who are Staff Members, the Title IX Coordinator shall have the discretion to designate as the Appellate Authority an administrator with appropriate training to serve as an informed and impartial decision-maker.
The Appellate Authority's responsibility will be strictly limited to determining the issues on appeal. If any of the appellate issues are substantiated by the Appellate Authority, the appeal will be granted. If the appeal is denied, the matter is closed. The Appellate Authority will notify the parties in writing of its decision within 10 business days.
If the appeal is granted:
In the event of a reconsideration, the Appellate Authority will give the hearing officer instructions in writing regarding the nature and extent of its reconsideration. The hearing officer will act promptly to reconsider the matter consistent with those instructions. Following reconsideration, the finding of the hearing officer will be final and not subject to further appeal. The hearing officer will notify the parties in writing of the outcome consistent with the time frames set forth in the hearing process.
D. Effect of Withdrawal and Level of Participation
If a Complainant or Respondent chooses not to answer questions, participate in an investigation, or attend a hearing, Dartmouth may continue its process and may issue sanctions if there is a finding of responsibility. Dartmouth will not draw any adverse inference solely from a Complainant's or Respondent's decision not to participate in the investigation or any form of resolution under this policy; however, the Complainant or Respondent should be aware that declining to participate in the investigation may impact the admissibility of certain information or the timing and outcome of the case.
At any time, Dartmouth may place an administrative hold on the Respondent's transcript, make a transcript notification, or defer or withhold the award of the Respondent's degree. Although a Respondent may withdraw from Dartmouth while the investigation is pending, this withdrawal may be considered permanent, and the Respondent's transcript may note that there was a withdrawal pending a conduct investigation. If a Respondent withdraws from Dartmouth, regardless of the status of the matter under this process, the Title IX Coordinator may proceed with further action as necessary to eliminate, prevent or address any impacts of the reported conduct on the institutional environment.
The Complainant may also request to withdraw a Complaint at any time before a decision is reached by a Hearing Panel. Dartmouth reserves the right to make a determination via the Title IX Coordinator or Title IX Team whether to approve or deny this request but will strongly consider the Complainant's wishes as well as the safety of the broader campus community.
VII. TIME FRAME FOR COMPLETION OF INVESTIGATION AND DISCIPLINARY PROCESS
Dartmouth will seek to complete its investigation and disciplinary process, if any, in a prompt and equitable manner following the issuance of the notice of the investigation. This process contemplates reasonably prompt timeframes for the major stages of the investigation and resolution process, but Dartmouth may extend any timeframe in this policy for good cause. An extension may be required for good cause to ensure the integrity and thoroughness of the investigation; to comply with a request by law enforcement; in response to the unavailability of the parties, witnesses, or Advisors; based on the need for language assistance or accommodation of disabilities; or for other legitimate reasons, such as intervening breaks in Dartmouth calendar, finals periods, the complexity of the investigation, the volume of information or length of the written record, and/or the severity and extent of the alleged misconduct. While requests for delays by the parties may be considered, Dartmouth cannot unduly or unreasonably delay the prompt resolution of a report under this policy.
Reasonable requests for delays by the parties will serve to extend the anticipated time period for resolution of the report. The Title IX Coordinator has the authority to allow for reasonable extension of timeframes on a case-by case basis for good cause with notice to the parties that includes the reason for the delay during any major stage of this process. For example, initial assessment or evaluation, (i.e., the recipient's decision whether to dismiss or investigate a complaint of sex discrimination); investigation; determination; and appeal, if any.
Dartmouth's overarching goal is that all Complaints be investigated in a prompt and equitable manner. Although cooperation with law enforcement may require Dartmouth to suspend the fact-finding portion of a Title IX investigation temporarily, Dartmouth will promptly resume its Title IX investigation as soon as it is notified by the law enforcement agency that the agency has completed the evidence gathering process. Dartmouth will not, however, wait for the conclusion of a criminal proceeding to begin its own investigation and, if needed, will take immediate steps to provide appropriate Supportive Measures for the Complainant.
VIII. INFORMAL RESOLUTION PROCESS
In recognition that a wide spectrum of conduct can constitute violations of Dartmouth policies, the Title IX Coordinator may resolve reports informally as appropriate, based on the circumstances. The informal resolution process provides a mechanism for Dartmouth to take prompt action through the imposition of individual and community remedies designed to maintain or restore access to the educational, extracurricular, and employment activities at Dartmouth and to remedy the impacts of conduct on members of the Dartmouth community.
The informal resolution process may only be offered after the filing of a Complaint. However, at any time prior to reaching a determination regarding responsibility, Dartmouth may facilitate an informal resolution process that does not involve a full investigation and adjudication.
To proceed with an Informal Resolution:
The informal resolution process is not available to resolve allegations that an employee sexually harassed a student. Dartmouth will identify and assign a trained facilitator to coordinate the informal resolution process. Facilitators of an informal resolution process will be trained on the rules and practices associated with Dartmouth's informal resolution process and on how to serve impartially, including by avoiding conflicts of interest and bias.
An informal resolution process is voluntary, and a Complainant or Respondent (if participating) can ask to end the informal resolution process at any time before its completion. Before the completion of an informal resolution process, or if the resolution is not successfully concluded, the parties may request and Dartmouth may pursue the formal resolution process. If an informal resolution process is ended by request, any information obtained may be used in a subsequent formal resolution process and hearing.
Once a Complaint has been resolved through an informal resolution process that involves the participation of a Respondent in lieu of disciplinary action, the matter will generally be considered closed. Both the Complainant and Respondent will receive written notice when participation in informal resolution will be considered a final resolution of the report.
Potential remedies include targeted or broad-based educational programming or training, supported direct conversation or interaction with the Respondent, and/or indirect action by the Title IX Coordinator. An informal resolution may include mediation, as deemed appropriate by Dartmouth, although Dartmouth will generally not pursue mediation where the Prohibited Conduct involves severe or egregious forms of Prohibited Conduct. Dartmouth will not compel a Complainant to engage in mediation, to confront the Respondent directly, or to participate in any particular form of informal resolution.
In all cases, the Title IX Coordinator or Title IX Team will have discretion to determine whether or not informal resolution or mediation is appropriate to the circumstances. The determination to use informal resolution, and the particular form of informal resolution will be communicated in writing to the Complainant and the Respondent. The Title IX Coordinator will maintain records of all reports and conduct referred for informal resolution, which will typically be complete within sixty (60) to ninety (90) business days of the initial report.