Interim Sex Discrimination, Harassment, and Misconduct Policy Under Title IX

This policy applies to the entire Lewis & Clark College community, including, but not limited to, students, 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 Lewis & Clark College-sponsored activities. This policy may also pertain to instances in which the conduct occurred outside of the campus or Lewis & Clark College-sponsored activity if Lewis & Clark College determines that the off-campus conduct affects a substantial Lewis & Clark College 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 Lewis & Clark College community on the basis of sex is in violation of this policy.

Members of Lewis & Clark College community are expected to provide truthful information in any report, meeting, or proceeding under this policy.

Any respondent who is not a Lewis & Clark College student, faculty member, or staff member is generally considered a third party. Lewis & Clark College’s ability to take appropriate corrective action against a third party may be limited and will depend on the nature of the third party’s relationship, if any, to Lewis & Clark College. When appropriate, the Title IX Coordinator will refer such allegations against third-party respondents to the appropriate office.

The status of a party may impact which resources and remedies are available to them, as described in this policy.

This policy prohibits Discrimination on the Basis of Sex, Sex-Based Harassment, and Retaliation as defined below. This policy also prohibits conduct that is prohibited by the Prohibited Consensual Relationships Policy. These acts shall also be referred to as Prohibited Conduct under this policy.

Policies related to Discrimination and Harassment on the Basis of other Protected Classes may be found here: Harassment and Hate- or Bias-Motivated Conduct and Workplace Discrimination and Harassment.

Discrimination on the Basis of Sex:

Discrimination is defined as treating members of a protected category less favorably because of their actual or perceived membership in that category or as having a policy or practice that adversely impacts the members of one protected category more than others. 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.

Sex-Based Harassment

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Sex-Based Harassment includes the following:

• Quid pro quo harassment: An employee, agent, or other person authorized by Lewis & Clark College to provide an aid, benefit, or service under Lewis & Clark College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
• Hostile environment harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Lewis & Clark College’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
• The degree to which the conduct affected the complainant’s ability to access Lewis & Clark College’s education program or activity;
• The type, frequency, and duration of the conduct;
• The parties’ ages, roles within Lewis & Clark College’s education program or activity, previous interactions, and other factors about a party that may be relevant to evaluating the effects of the conduct;
• The location of the conduct and the context in which the conduct occurred; and
• Other sex-based harassment in Lewis & Clark College’s education program or activity.
• Sexual harassment in the workplace includes, but is not limited to, conduct prohibited by theWorkplace Discrimination and Harassment Policy.
• Sexual assault: an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Specifically, this includes:

Rape—The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.

Incest—Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape—Sexual intercourse with a person who is under the statutory age of consent.

• Dating violence: violence committed by a person:
• Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
• Where the existence of such a relationship shall be determined based on a consideration of the following factors:
• The length of the relationship;
• The type of relationship; and
• The frequency of interaction between the people involved in the relationship.

Emotional and psychological abuse do not constitute violence for the purposes of this definition.

• Domestic violence: felony or misdemeanor crimes of violence committed by a person who:
• Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of Lewis & Clark College, or a person similarly situated to a spouse of the victim;
• Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
• Shares a child in common with the victim; or
• Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Emotional and psychological abuse do not constitute violence for the purposes of this definition.

• Stalking: Engaging in a course of conduct, on the basis of sex, directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.
• Sexual Coercion: The application of unreasonable pressure, including emotionally or physically manipulative actions or statements, or direct or implied threats, in order to compel the person to engage in sexual activity.
• Sexual Exploitation is the abuse or exploitation of another person’s sexuality without consent, for the perpetrator’s own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Sexual Exploitation includes, without limitation, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over that person; causing the prostitution of another person; electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images of another person; allowing third parties to observe sexual acts; engaging in voyeurism; distributing intimate or sexual information about another person; and/or knowingly transmitting a sexually transmitted infection, including HIV, to another person.

Retaliation

Retaliation is any materially adverse action taken against an individual because they were involved in the disclosure, reporting, investigation, or resolution of a report of Prohibited Conduct. Retaliation includes threats, intimidation, harassment, coercion, discrimination, violence, or any other conduct against any person by Lewis & Clark College, a student, or an employee or other person authorized by Lewis & Clark College to provide aid, benefit, or service under Lewis & Clark College’s education program or activity, for the purpose of interfering with any right or privilege secured by this policy or by law, including Title IX or its regulations. Adverse action does not include perceived or petty slights, or trivial annoyances.

The prohibition against retaliation applies to any individuals who participate (or refuse to participate) in any manner in an investigation, proceeding, or hearing, and to any student who refuses to participate in an investigation, proceeding, or hearing.

Retaliation may occur even where there is a finding of “not responsible” under this policy. Good faith actions lawfully pursued in response to a report of Prohibited Conduct are not Retaliation.

Lewis & Clark College is committed to maintaining an environment where intellectual exploration, critical thinking, freedom of inquiry, and creative expression are valued and protected. This policy and procedures are not intended to inhibit or restrict free expression or exchange of ideas, abridge academic freedom, or prohibit educational content or discussions inside or outside of the classroom that includes germane but controversial or sensitive subject matters protected by academic freedom.

Before proceeding with or continuing an investigation of any report of harassment or retaliation that involves an individual’s speech or other communication, Lewis & Clark College will take care to distinguish between protected speech and hostile environment harassment. The Title IX Coordinator will take action as needed to restore or preserve a person’s access to Lewis & Clark College’s education program or activity.

Employee Reporting Obligations

Lewis & Clark College believes it is important to be proactive in taking reasonable steps to identify and prevent incidents of sex discrimination. All employees, with limited exceptions as identified by Lewis & Clark College, are required to promptly provide to the Title IX Coordinator all complaints or reports of sex discrimination, including sex-based harassment to the Title IX Coordinator and share all information reported or made available to the employee. If an employee in a supervisory capacity has direct knowledge of an incident of harassment or discrimination on the part of, or directed toward, any employee of the Title IX Coordinator community, that supervisor is required to bring the matter to the attention of the Title IX Coordinator.

Researchers conducting IRB-approved human subjects research study designed to gather information about sex discrimination are not required to report to the Title IX Coordinator disclosures made in the course of that study.

Lewis & Clark College also encourages employees who themselves experience harassment, discrimination, sex-based harassment and sexual and interpersonal violence to bring their concerns to the Title IX Coordinator, though they are not required to do so.

When providing this information to the Title IX Coordinator, the employee must include their own name and contact information, and all known details about an incident, which may include, if known, the dates, times, locations, names of involved individuals and the nature of the incident.

Aside from this reporting obligation, employees will, to the fullest extent possible, maintain the privacy of an individual’s information, consistent with FERPA.

In addition, all employees of Lewis & Clark College are considered by law to be mandatory reporters of child abuse, elder abuse or abuse of persons with disabilities. These Lewis & Clark College employees are required by law to report incidents of abuse to the Oregon Department of Human Services: 855-503-SAFE. A fuller description of the mandatory abuse reporting obligations and those covered by that obligation can be found at: https://www.oregon.gov/odhs/report-abuse/Pages/default.aspx

Public Awareness Events

Employees are required to report to the Title IX Coordinator information about sex discrimination they learn about at public awareness events. The Title IX Coordinator is not obligated to respond directly to any identified complainant in a report of sex-based harassment disclosed at a public awareness event that takes place on-campus or in a school-sponsored online platform unless there is an imminent and serious threat to someone’s health or safety. The Title IX Coordinator must respond to reports of conduct that could constitute sex discrimination other than sex-based harassment if disclosed at public awareness events, wherever they occur. In all cases Lewis & Clark College must use the information to inform its efforts to prevent sex-based harassment, including by providing tailored training to address alleged sex-based harassment in a particular part of its education program or activity or at a specific location when information indicates there may be multiple incidents of sex-based harassment.

How to Make a Report to Lewis & Clark College

All complaints of violations of this policy will be taken seriously and in good faith. The Title IX Coordinator will provide information and guidance regarding how to file a complaint with Lewis & Clark College and/or local law enforcement, as well as information and assistance about what course of action may best support the individual(s) involved and how best to address the complaint.

Every reasonable effort will be made to maintain the privacy of those making a report to the extent possible. In all cases, Lewis & Clark College will give consideration to the party bringing forward a report with respect to how the matter is pursued. Lewis & Clark College may, when necessary to protect the community, initiate an investigation or take other responsive actions to a report, even when the person identifying a concern chooses not to participate in a resolution process and/or requests that Lewis & Clark College not initiate an investigation.

Employees, students, guests, or visitors who believe that this policy has been violated should promptly contact the Title IX Coordinator or another member of the Title IX Office as follows:

• To report online: https://cm.maxient.com/reportingform.php?LewisandClark&layout_id=8
• Contact the Title IX Coordinator: Lori Makin-Byrd (lmakin-byrd@lclark.edu; titlenine@lclark.edu) or any Deputy Title IX Coordinator: Elaine Hirsch (elaineghirsch@lclark.edu); Helen Howell (helen@lclark.edu); Libby Davis (eadavis@lclark.edu); or Janet Bixby (bixby@lclark.edu).

There is no timeline for making a report of sex discrimination, however, Lewis & Clark College encourages the prompt reporting of a complaint as the ability of Lewis & Clark College to pursue the complaint to conclusion may be hindered by the passage of time.

Amnesty

A student making a report to the Title IX Coordinator, or someone who assists another in making a report, may be eligible for Amnesty for drug or alcohol related violations or violations related to trespassing or unauthorized entry of school facilities, or other violations of the Student Code of Conduct that occurred on or around the same time as the incident or that was in connection with the incident, unless that misconduct threatens the health or safety of another or constitutes an egregious violation.

Privacy and Confidentiality

Lewis & Clark College values the privacy of its students, employees, and other community members. Community members should be able to seek the assistance they need and access this policy without fear that the information they provide will be shared more broadly.

References made to privacy mean Lewis & Clark College offices and employees who cannot guarantee confidentiality, but will maintain privacy to the greatest extent possible, relaying information as necessary to investigate or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. Lewis & Clark College will limit the disclosure as much as practicable.

All activities under these procedures shall be conducted in a manner that takes into account the privacy interests of those involved. While Lewis & Clark College will take all reasonable steps to protect the privacy of individuals involved in a complaint, it may be necessary to disclose some information to individuals or offices on campus in order to address a complaint or provide for the physical safety of an individual or the campus. Thus, Lewis & Clark College cannot, and does not, guarantee that all information related to complaints will be kept confidential.

In order to maintain the privacy of evidence gathered as part of any resolution process, access to materials under the procedures in this policy will be provided only by a secure method and parties and advisors are not permitted to make copies of any documents shared or make use of the documents outside of the processes described in this policy. Parties may request to review a hard copy of materials, and Lewis & Clark College will make that available in a supervised or monitored setting. Inappropriately sharing materials provided during this process may constitute retaliation and result in disciplinary action.

Individuals may speak confidentially with a Confidential Resource. Confidential Resources (e.g., licensed mental health care providers, physicians, clergy) may not report to Title IX Coordinator any identifying information about conduct that may violate Lewis & Clark College’s policies against sex discrimination without the written consent of the individual who supplied the information, unless required by law. Such disclosures will not be reported to the Title IX Coordinator or initiate any process under this policy.

Lewis & Clark College employs two types of employees who are not required to report information about sex discrimination to the Title IX Coordinator:

• Privileged and confidential employees whose communications are privileged or confidential under Federal or State law. The employee must be hired for and functioning within the scope of their duties to which the privilege or confidentiality applies. For example, physicians, ordained clergy, mental health counselors, and advocates are all confidential employees. Disclosures made to these employees means that information cannot be disclosed to anyone internal or external to the college without the expressed permission from the individual disclosing the information.

State law requires professional counselors to report: (i) when a patient is likely to engage in conduct that would result in serious harm to the patient or others; (ii) if there is reasonable cause to suspect that a minor has been sexually abused. These reports must be made to the Oregon Department of Human Services: 855-503-SAFE.

• Employees designated by the institution as exempt from reporting known sex discrimination to the Title IX Coordinator and designated as such for the purpose of providing services to the campus community related to sex discrimination. Such employees must be acting in the scope of that role when they learn of the information about sex discrimination for this exemption to apply. For example, the ombudsperson may be designated as exempt from internal reporting. Disclosures made to these employees means that information will not be shared with the Title IX Coordinator or anyone within Lewis & Clark College but may be released under legal action or court order without the permission of the individual disclosing the information.

A list of resources may be found in the Resources section of this Policy.

Reporting to Law Enforcement

Some Prohibited Conduct may constitute a violation of both the law and Lewis & Clark College policy. Lewis & Clark College encourages students to report alleged crimes promptly to local law enforcement agencies. All persons have the right to file with law enforcement, as well as the right to decline to file with law enforcement. The decision not to file shall not be considered as evidence that there was not a violation of Lewis & Clark College policy.

Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. The standards for finding a violation of criminal law are different from the standards for finding a violation of this policy. Conduct may constitute Prohibited Conduct under this policy even if law enforcement agencies lack sufficient evidence of a crime and decline to prosecute.

Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. However, when a complaint is made to Lewis & Clark College as well as to law enforcement, Lewis & Clark College may delay its process if a law enforcement agency requests that Lewis & Clark College delay its process for a reasonable amount of time to allow law enforcement to gather evidence of criminal misconduct. Criminal or legal proceedings are separate from the processes in this policy and do not determine whether this policy has been violated.

All investigations and hearings under this policy will be thorough, reliable and impartial, and will seek to collect evidence and names of witnesses to gather information that is directly or substantially relevant to whether the alleged policy violation occurred, and will not be based on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

In the case of an emergency, where the physical well-being of a member of Lewis & Clark College community or the safety of Lewis & Clark College as an institution is threatened, any individual with such knowledge should promptly inform the Director of Campus Safety. Lewis & Clark College may take any immediate steps as may be necessary and appropriate under the circumstances to ensure the well-being of Lewis & Clark College community and Lewis & Clark College as an institution.

The following process will be used following the receipt of a report of sex discrimination.

Initial Contact

Following receipt of a report alleging a potential violation of this policy, the Title IX Coordinator will contact the complainant to meet with the Title IX Coordinator for an initial intake and assessment meeting, and will provide the following:

• An invitation to meet to offer assistance and explain their rights, resources, and options under this policy;
• Access to this policy;
• Information regarding available campus and community resources for counseling, health care, mental health, or victim advocacy. Upon request, information regarding legal assistance, visa and immigration assistance, student financial aid and other available services may be provided;
• The availability of Supportive Measures regardless of whether a complaint is filed and/or any resolution is initiated;
• The options for resolution (no action, support-based resolution, agreement-based resolution, investigation) and how to initiate such resolution processes;
• The right to notify law enforcement as well as the right not to notify law enforcement;
• The importance of preserving evidence and, in the case of potential criminal misconduct, how to get assistance from Campus Safety or local law enforcement in preserving evidence;
• The right to an advisor of choice, if applicable, during Lewis & Clark College proceedings under this policy including the initial meeting with the Title IX Coordinator
• A statement that retaliation for filing a complaint, or participating in the complaint process, is prohibited.
• Information on how to initiate the Investigation or Agreement-Based Resolution process.

Initial Intake and Assessment

The Initial Assessment process seeks to gather information about the nature and circumstances of the report to determine whether this policy applies to the report and, if so, which resolution process may be appropriate, as well as which section of the resolution procedures apply based on the conduct and the status of the parties. The Title IX Coordinator may also determine that the provision of supportive measures only is the appropriate response under the policy. The initial assessment is not a finding of fact or responsibility. If the individual bringing forward the complaint is not the actual complainant, the Title IX Coordinator will limit communication to general information on policies and processes.

Should the complainant wish to initiate a resolution process, the Title IX Coordinator will determine whether this policy applies and, if so, the appropriate process under this policy. The Title IX Coordinator will communicate to the complainant this determination.

If the information provided does not suggest a potential violation of this policy, the Title IX Coordinator will provide the complainant written notice that the matter is being referred for handling under a different policy, and/or to another appropriate office for handling.

Requests for Confidentiality or No Further Action

When a complainant requests that Lewis & Clark College not use their name as part of any resolution process, or that Lewis & Clark College not take any further action, Lewis & Clark College will generally try to honor those requests. However, there are certain instances in which Lewis & Clark College has a broader obligation to the community and may need to act against the wishes of the complainant. In such circumstances, the Title IX Coordinator will notify the complainant in writing of the need to take action. The factors the Title IX Coordinator will consider when determining whether to act against the wishes of a complainant include:

1. The complainant’s request not to proceed with initiation of a complaint;
2. The complainant’s reasonable safety concerns regarding initiation of a complaint;
3. The risk that additional acts of Prohibited Conduct would occur if a complaint is not initiated;
4. The severity of the alleged Prohibited Conduct, including whether the discrimination, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
5. The age and relationship of the parties, including whether the respondent is an employee of Lewis & Clark College;
6. The scope of the alleged discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
7. The availability of evidence to assist a Decisionmaker in determining whether sex discrimination occurred; and
8. Whether Lewis & Clark College could end the alleged sex discrimination and prevent its recurrence without initiating its resolution procedures under this policy.
9. Whether the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other persons, or that the conduct as alleged prevents Lewis & Clark College from ensuring equal access on the basis of sex to its education program or activity.

Supportive Measures: Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

• Restore or preserve that party’s access to Lewis & Clark College’s education program or activity, including measures that are designed to protect the safety of the parties or Lewis & Clark College’s educational environment; or
• Provide support during Lewis & Clark College’s resolution procedures or during an alternative resolution process.

Supportive measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; no-contact directives (which may be mutual or unilateral at the discretion of the Title IX Coordinator); and training and education programs related to sex-based harassment. Supportive measures are non-disciplinary and non-punitive. Students who experienced sexual misconduct may also seek waivers from the GPA requirements related to participating in an institution-sponsored program or activity. Review the Waiver Policy (Waivers) for information on how to seek a waiver. Supportive Measures will also be offered to respondents when they are notified of the allegations.

Any Supportive Measures put in place will be kept confidential, except when doing so impairs the ability of the institution to provide the Supportive Measures.

Lewis & Clark College will offer and coordinate supportive measures as appropriate for the parties as applicable to restore or preserve their access to Lewis & Clark College’s program or activity or provide support during Lewis & Clark College’s alternative resolution process or resolution procedures. Individuals who report having experienced Prohibited Conduct under this policy have the right to request supportive measures from Lewis & Clark College regardless of whether they desire to make a complaint or seek alternative resolution.

A party may challenge Lewis & Clark College’s decision to provide, deny, modify, or terminate supportive measures when such measures are applicable to them. An impartial employee will be designated to consider modification or reversal of Lewis & Clark College’s decision to provide, deny, modify, or terminate supportive measures. When the individual providing Supportive Measures is a Deputy Title IX Coordinator or other individual identified by the Title IX Coordinator to provide Supportive Measures, the Title IX Coordinator (or designee) will be designated to consider the challenge regarding supportive measures. When the individual providing Supportive Measures is the Title IX Coordinator, a Deputy Title IX Coordinator (or designee) will be designated to consider the challenge regarding supportive measures. The impartial employee will typically respond to the challenge within five (5) days.

The Title IX Coordinator has the discretion to implement or modify supportive measures. Violation of the parameters of supportive measures may violate existing codes or handbooks.

Emergency Removal

For sex discrimination and sex-based harassment, Lewis & Clark College retains the authority to remove a respondent from Lewis & Clark College’s program or activity on an emergency basis, where Lewis & Clark College (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, and (3) Lewis & Clark College provides the respondent with notice of and an opportunity to challenge the decision immediately following the removal.

The respondent may challenge the decision immediately following the removal, by notifying the Title IX Coordinator in writing. Lewis & Clark College 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.

For all other Prohibited Conduct, Lewis & Clark College may defer to its interim suspension policies for students and administrative leave for employees.

Administrative Leave

Lewis & Clark College retains the authority to place an employee respondent on administrative leave during a pending complaint process under this policy, with or without pay as appropriate. Administrative leave may be a supportive measure or emergency removal. 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.

Dismissal of a Complaint

Before dismissing a complaint, Lewis & Clark College will make reasonable efforts to clarify the allegations with the complainant.

Lewis & Clark College may dismiss a complaint if:

1. Lewis & Clark College is unable to identify the respondent after taking reasonable steps to do so;
2. The respondent is not participating in Lewis & Clark College’s education program or activity and is not employed by Lewis & Clark College;
3. The complainant voluntarily withdraws their complaint in writing and the Title IX Coordinator declines to initiate a complaint.
4. The complainant voluntarily withdraws some but not all allegations in a complaint in writing, and Lewis & Clark College determines that the conduct that remains alleged in the complaint would not constitute Prohibited Conduct under this policy; or
5. Lewis & Clark College determines the conduct alleged in the complaint, even if proven, would not constitute Prohibited Conduct under this policy.

Upon dismissal, Lewis & Clark College will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then Lewis & Clark College will notify the parties simultaneously in writing. If a dismissal of one or more allegations changes the appropriate decision-making process under these procedures, the Title IX Coordinator will include that information in the notification.

Lewis & Clark College will notify the complainant that a dismissal may be appealed on the basis outlined in the Appeals section. If dismissal occurs after the respondent has been notified of the allegations, then Lewis & Clark College will also notify the respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, Lewis & Clark College will follow the procedures outlined in the Appeals section of these procedures.

When a complaint is dismissed, Lewis & Clark College will, at a minimum:

• Offer supportive measures to the complainant as appropriate;
• If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and,
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that discrimination does not continue or recur within Lewis & Clark College’s education program or activity.

A complainant who decides to withdraw a complaint or any portion of it may later request to reinstate it or refile it.

Referrals for Other Misconduct

Lewis & Clark College has the discretion to refer complaints of misconduct not covered by this policy for handling under any other applicable Lewis & Clark College policy or code. As part of any such referral for further handling, Lewis & Clark College may use evidence already gathered through any process covered by this policy.

Should there be a conflict between the provision of this policy and other Lewis & Clark College policies, procedures, rules, regulations, or terms or conditions of employment, the provisions of this policy will govern unless specifically stated otherwise.

This policy and these procedures are separate from Lewis & Clark College’s student disciplinary processes, by which Lewis & Clark College may bring a discipline charge against a student for violating Lewis & Clark College policy according to the provisions found in Lewis & Clark College code of conduct.

Consolidation of Cases

Lewis & Clark College may consolidate complaints under this policy as appropriate: for example, if there are multiple complaints where the allegations of Prohibited Conduct arise out of the same facts or circumstances, or there are multiple complaints with overlapping parties.

Lewis & Clark College 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 the Office of Community Accountability and Conflict Education and Human Resources. Allegations of a violation of a separate policy are not required to be handled using the procedural requirements set forth in this policy.

Student Withdrawal or Employee Resignation while Matters are Pending

If a student or employee respondent permanently withdraws or resigns from Lewis & Clark College with unresolved allegations pending, Lewis & Clark College will consider whether and how to proceed with the resolution process. Lewis & Clark College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s) and any ongoing effects of the alleged harassment, discrimination or retaliation.

A student respondent who withdraws or leaves while the process is pending may not return to Lewis & Clark College without first resolving any pending matters. Such exclusion applies to all Lewis & Clark College programs. Admissions Offices will be notified that the student cannot be readmitted. They may also be barred from Lewis & Clark College property or events and a hold may be placed on their registration. If a student respondent withdraws or takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue remotely, and that student is not permitted to return to Lewis & Clark College unless and until the matter is fully resolved. If a student transfers to another institution, responses to requests regarding student conduct history will be answered accurately with the information that is available at the time of the request.

An employee respondent who resigns with unresolved allegations pending is not eligible for rehire with Lewis & Clark College and the records retained by the Title IX Coordinator will reflect that status. All Lewis & Clark College responses to future inquiries regarding employment verification for that individual will include that the former employee is ineligible for rehire currently, unless and until that matter is fully resolved.

There are multiple ways to resolve a complaint or report of sex discrimination. Whenever possible, Lewis & Clark College will utilize the resolution method chosen by the complainant. During the resolution of a complaint, the Title IX Coordinator will determine whether to implement reasonable supportive measures designed to assist all parties (complainants and respondents) and community members in maintaining access to and participation in Lewis & Clark College programs, services and activities during the resolution of the complaint.

This section includes information on Support-Based Resolution, Agreement-Based Resolution, and Investigation, or Investigation and Hearing Procedures.

Support-Based Resolution

A support-based resolution is an option for a complainant who does not wish Lewis & Clark College to take any further steps to address their concern, and when the Title IX Coordinator determines that another form of resolution, or further action, is not required. Some types of support that may be appropriate include: adjustments or changes to class schedules; moving from one residence hall room to another; adjusted deadlines for projects or assignments; adjustments to work schedule or arrangements; escorts to and around campus; or counseling.

A support-based resolution does not preclude later use of another form of resolution, for example if new information becomes available to Lewis & Clark College and the Title IX Coordinator determines there is need for additional steps to be taken, or the complainant later decides to pursue a Agreement-based Resolution or investigation/hearing.

Agreement-Based Resolution

Agreement-Based Resolution is an alternative to the investigation and decision-making procedures where the Parties each voluntarily agree to resolve the complaint in a way that does not include an investigation and does not include any finding of responsibility. Agreement-Based Resolution is a voluntary, structured interaction between or among affected parties that balances support and accountability. If Lewis & Clark College offers Agreement-Based Resolution to the parties, and they voluntarily consent to engage in that process, the Title IX Coordinator must still take other prompt and effective steps as needed to ensure that discrimination does not continue or recur within the education program or activity. Parties and the Title IX Coordinator may agree to pause or exit the investigation and decisionmaking resolution procedures to explore Agreement-Based Resolution.

Any party may design a proposed agreement between the parties. The Title IX Coordinator must approve of the use of the Agreement-Based Resolution process, and approve the final agreement between the parties. Agreement-Based Resolution may be initiated at any time prior to the release of the final determination. Because Agreement-Based Resolution does not involve an investigation, there is not any determination made as to whether a respondent violated this policy.

The Title IX Coordinator has the discretion to determine that Agreement-Based Resolution is not an appropriate way to address the reported conduct, and that the matter must instead be resolved through the Investigation or Investigation and Hearing process.

Initiating the Agreement-Based Resolution Process

Prior to the initiation of Agreement-Based Resolution, the Title IX Coordinator will provide the Parties written notice that includes:

• The specific allegation and the specific conduct that is alleged to have occurred;
• The requirements of the Agreement-Based Resolution process;

• Any consequences resulting from participating in the Agreement-Based Resolution process, including the records that will be maintained or could be shared, and whether Lewis & Clark College could disclose such information for use in a future Lewis & Clark College resolution process, including an investigation and resolution process arising from the same or different allegations, as may be appropriate.
• Notice that an agreement resulting from the Agreement-Based Resolution process is binding only on the parties and is not subject to appeal.
• Notice that once the Agreement is finalized and signed by the Parties, they cannot initiate or continue an investigation procedure arising from the same allegations.

• A statement indicating that the decision to participate in the Agreement-Based Resolution process does not presume that the conduct at issue has occurred.
• A statement that the respondent is presumed not responsible for violating this policy, unless respondent admits to violations of this policy;
• An explanation that all parties may be accompanied by anadvisorof their choice, who may be a parent, colleague, friend, or attorney;
• A statement that any party has the right to withdraw from the Agreement-Based Resolution process and initiate or resume resolution procedures at any time before agreeing to a resolution;
• The date and time of the initial meeting with staff or the Title IX Coordinator, with a minimum of 3 days’ notice;
• Information regarding Supportive Measures, which are available equally to the parties; and
• The potential terms that may be requested or offered in an Agreement-Based Resolution agreement.

Facilitating an Agreement

If all Parties are willing to explore Agreement-Based Resolution, the Title IX Coordinator will then meet separately with each party to discuss the Agreement-Based Resolution process and facilitate an agreement. If an agreement cannot be reached, either because the Parties do not agree, determine they no longer wish to participate in the Agreement-Based Resolution process, or the Title IX Coordinator does not believe that the terms of the agreement or continuing the Agreement-Based Resolution process is appropriate, the Title IX Coordinator may decide that the reported conduct will instead be addressed through the investigation or investigation and hearing process. The Title IX Coordinator will inform the Parties of such decision, in writing.

Agreement-Based Resolution processes are managed by facilitators who do not have a conflict of interest or bias in favor of or against complainants or respondents generally or regarding the specific parties in the matter. The Title IX Coordinator may serve as the facilitator, subject to these restrictions. The investigator or Decisionmaker for the matter may not facilitate an Agreement-Based Resolution in that same matter.

Any party may craft or create the terms of their agreement and will be asked for their suggestions or ideas. Examples of agreements may include but are not limited to:

• an agreement that the respondent will change classes or housing assignments;
• an agreement that the Parties will not communicate or otherwise engage with one another;
• an agreement that the Parties will not contact one another;
• completion of a or educational project by the respondent;
• completion of a community service project by the respondent;
• an agreement to engage in a restorative justice process or facilitated dialogue; and/or
• discipline agreed upon by all parties.

In order to facilitate Agreement-Based Resolution, information shared by any party will not be used in any related resolution process of the same complaint under this policy. No evidence concerning the allegations obtained within the Agreement-Based Resolution process may be disseminated to any outside person, provided that any party to the Agreement-Based Resolution process may generally discuss the allegations under investigation with a parent, advisor, or other source of emotional support, or with an advocacy organization. An admission of responsibility made during an Agreement-Based Resolution process, however, may not be incorporated into the investigation and adjudication proceeding.

Finalizing the Resolution Agreement

Once the final terms of the Resolution Agreement have been agreed upon by all parties, in writing, and approved by the Title IX Coordinator, the matter will be considered closed, and no further action will be taken. Once signed, no appeal is permitted. The Agreement-Based Resolution process is generally expected to be completed within thirty (30) days and may be extended by the Title IX Coordinator as appropriate. All parties will be notified, in writing, of any extension and the reason for the extension.

Records of an Agreement-Based Resolution process can be shared with other offices as appropriate.

Any violations of the terms of the Resolution Agreement may result in disciplinary action.

Investigation and Decision-making Resolution

This policy includes three types of investigation and decision-making procedures:

• Process 1: Sex-based harassment involving a student respondent;
• Process 2: Sex-based harassment involving a student complainant and an employee respondent; and,
• Process 3: All prohibited conduct matters except for sex-based harassment involving a student as a party.

The following information applies to all types of investigation and decision-making procedures.

Acceptance of Responsibility

If a respondent accepts responsibility for all or part of the Prohibited Conduct alleged, the designated sanctioning officer will issue an appropriate sanction or responsive action as to those violation(s) and continue processing any remaining allegations of Prohibited Conduct, if any.

Assignment of the Investigator and/or Decisionmaker

Lewis & Clark College will assign a trained investigator and/or Decisionmaker to conduct an adequate, reliable, and impartial investigation and hearing, if applicable, in a reasonably prompt timeframe. Lewis & Clark College reserves the right to utilize internal or external investigators, Decisionmakers, or hearing officers. For all purposes in this Policy, “Decisionmaker” may refer to a single Decisionmaker or a panel of Decisionmakers.

All parties have the option to participate in the investigation and/or hearing, and each have the same rights during the resolution process including the right to an advisor, to submit relevant witness names and evidence, and to review the evidence gathered by the investigator prior to the investigator providing the final report to the Decisionmaker. In cases where there is a hearing, all parties have the same rights at the hearing, including the right to review any evidence that will be considered by the Decisionmaker prior to the hearing.

The investigator will establish deadlines for submission of names of relevant witnesses and submission of evidence and communicate those deadlines to the parties in writing.

Conflict of Interest or Bias

After a Notice of Investigation is issued to all parties, any party may object to the participation of the Title IX Coordinator or designated investigator on the grounds of a demonstrated bias or actual conflict of interest. All parties will have three (3) days from the date of the Notice of Investigation to object to the selection of the investigator or the Title IX Coordinator. Objections to the Title IX Coordinator are to be made, in writing, to the Dean of Equity and Inclusion. Objections to the appointment of the investigator are to be made in writing, to the Title IX Coordinator. All objections will be considered, and changes made as appropriate. If the objection is substantiated as to either the Title IX Coordinator or the Investigator, that individual shall be replaced. Any change will be communicated in writing.

Timeline

In those cases that do not include a hearing, Lewis & Clark College strives to complete the investigation process within ninety (90) days from the date of the Notice of Investigation. In those cases that include a hearing, Lewis & Clark College strives to complete the investigation process within sixty (60) days from the date of the Notice of Investigation, and complete the hearing within sixty (60) days of the Notice of Hearing.

The timeline for any part of the resolution process may be extended for good cause by the Title IX Coordinator. All parties shall be notified, in writing, of any extension to the timeline that is granted, the reason for the extension, and the new anticipated date of conclusion of the investigation and/or hearing. Good cause reasons for extension may include ensuring availability of witnesses and other participants and ensuring participants have sufficient time to review materials.

Lewis & Clark College shall not unreasonably deny a student party’s request for an extension of a deadline related to a complaint during periods of examinations or school closures.

The investigator and/or Title IX Coordinator shall reasonably provide the Parties with periodic status updates, in writing.

Burden and Standard of Review

Lewis & Clark College has the burden of conducting an investigation that gathers sufficient evidence to determine whether Prohibited Conduct occurred. This burden does not rest with any party, and any party may decide to limit their participation in part or all of the process, or to decline to participate. This does not shift the burden of proof away from Lewis & Clark College and does not indicate responsibility. The standard of proof used in any investigation and decision-making process is the preponderance of the evidence standard, which means more likely than not.

Written Notice of Meetings

Lewis & Clark College will provide to a party or witness whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time to prepare to participate.

Evidence Gathering

Interviews

The investigator will interview all parties and relevant witnesses and gather relevant documentary evidence provided by the parties and any identified witnesses. Interviews may be conducted in person, or via video conference. When a party meets with an investigator, the investigator will ask questions related to the allegations in the complaint and a party is given the opportunity to speak to the allegations and related events. Parties may identify fact witnesses and provide evidence that is relevant to the allegations and not otherwise impermissible. This will include inculpatory evidence (that tends to show it more likely that someone committed a violation) and exculpatory evidence (that tends to show it less likely that someone committed a violation). The investigator ultimately determines whom to interview to determine the facts relevant to the complaint.

Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible. This means this information will not be accessed or considered, except by Lewis & Clark College to determine whether one of the exceptions listed below applies. This information will not be disclosed or otherwise used, regardless of relevance:

1. Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
2. Evidence provided to an employee designated by Lewis & Clark College as exempt from internal reporting under this policy, unless the person who made the disclosure or otherwise provided evidence to that employee has voluntarily consented to re-disclosure;
3. A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Lewis & Clark College obtains that party’s or witness’s voluntary, written consent for use in its resolution procedures; and
4. Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to alleged sex-based harassment. The fact of prior consensual sexual conduct between the parties does not by itself demonstrate or imply the complainant’s consent to other sexual activity or preclude a determination that Prohibited Conduct occurred.

Process 1: Investigation & Decision-making Procedures in Cases of Sex-Based Harassment Involving a Student Respondent

The following describes the investigation and decision-making procedures for matters of sex-based harassment in which a student is a respondent, regardless of the status of the other party.

Lewis & Clark College will assign a trained investigator to conduct an adequate, reliable, and impartial investigation in a reasonably prompt timeframe. Lewis & Clark College reserves the right to utilize internal or external investigators.

All parties have the option to participate in the investigation, and each have the same rights during the resolution process including the right to an advisor, to submit relevant witness names and evidence, and to review the evidence gathered by the investigator prior to the investigator’s making any findings.

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:

1. Lewis & Clark College’s investigation procedures, including the applicable determination procedure that will be used in this investigation and resolution, and a link to the relevant policies;
2. Information about the agreement-based resolution process, with a link to the full procedures.
3. Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
4. A statement that retaliation is prohibited;
5. Whether the investigator, or another individual, shall serve as the Decisionmaker.
6. Expected length of the major stages of the resolution process, as well as any applicable deadlines.
7. The Notice will inform the parties that the investigator will establish and communicate, in writing, all investigation deadlines, including the final deadlines for submitting names of witnesses, evidence, and relevant questions to ask a party or witness. These deadlines may be extended by the Title IX Coordinator for good cause, and any changes will be provided, in writing, to the parties, along with the rationale for the revised deadline(s).
8. The process for raising a challenge to the appointed investigator, Decisionmaker or Title IX Coordinator, and the deadline for doing so.
9. A statement that the respondent is presumed not responsible for Prohibited Conduct until a determination is made at the conclusion of the resolution process. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decisionmaker;
10. A statement that the parties may have an advisor of their choice who may be a friend, parent, therapist, colleague, or attorney;
11. The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigation report that accurately summarizes this evidence.
12. The College’s StudentFalse Information Policy prohibits knowingly making false statements or knowingly submitting false information during the resolution procedures. The College’s Employee Code of Ethics Policyexpects that employees will be honest and candid.
13. The date and time of the initial interview with the Investigator, with a minimum of five (5) days’ notice.

Individual Interviews

The investigator will hold individual interviews with parties and witnesses to ask relevant and not otherwise impermissible questions and follow-up questions, including questions exploring credibility, and to request of the parties the names of relevant witnesses and relevant evidence. Only the investigator and the party or witness may attend each individual interview, and a party may be accompanied by their advisor. Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of the resolution process, and may be subject to further Lewis & Clark College discipline for failure to do so.

The investigator will then gather from parties, witnesses, and other sources, all relevant evidence.

Lewis & Clark College will share expectations of decorum to be observed at all times in any meeting or proceeding under this policy. These expectations are applied equally to all parties and advisors. Lewis & Clark College has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved party, witness, or advisor who does not comply with these expectations and any other applicable Lewis & Clark College rules.

The individual interviews may be conducted with all participants physically present in the same geographic location, or, at Lewis & Clark College’s discretion, with all participants joining virtually through a video conferencing option. The investigator will determine, in their sole discretion, whether parties and witnesses are likely to provide relevant information about the allegations, and has the sole discretion to determine which parties and witnesses to call to an interview. The investigator may conduct follow-up interviews as they deem appropriate.

Investigator Determination of Relevance

The investigator will determine whether parties and witnesses are likely to provide relevant information about the allegations, and has the sole discretion to determine which parties and witnesses to call to individual follow-up meetings.

The investigator will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. Character evidence that is not relevant will not be considered. If the Decisionmaker is not the investigator, the Decisionmaker is not bound by the investigator’s determinations about relevance.

Evidence Review

At the conclusion of all fact-gathering, the investigator will provide each party and their advisor the opportunity to review all relevant and not otherwise impermissible evidence gathered. In the event that an audio or audiovisual recording is shared, the recording will only be made available at an in-person and monitored meeting on campus, and will not otherwise be transmitted for review, so as to maintain the privacy of those participating in the process.

The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation and to submit any additional relevant evidence, questions for parties or witnesses, or the names of any additional witnesses with relevant information.This is the final opportunity to offer evidence or names of witnesses. Evidence not provided during the investigation process will not be considered by the Decisionmaker. Given the sensitive nature of the information provided, Lewis & Clark College will facilitate this review in a secure manner. None of the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.

The parties will have a minimum of 5 days to inspect and review the evidence and submit a written response in writing to the investigator. The Title IX Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence.

When deemed appropriate by the investigator, the investigator shall then conduct any additional fact-gathering as may be necessary. If new, relevant evidence was submitted as part of evidence review, or is gathered during this second fact-gathering period, the new relevant evidence will be made available for review by the parties and their advisors. The parties shall have 5 days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the investigator shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.

The investigator will consider the parties’ written responses before finalizing the investigation report.

Investigation Report

The investigator will prepare a written report summarizing all of the relevant evidence gathered and all steps taken during the investigation process. The investigator will also include as an attachment all relevant evidence gathered during the investigation, as well as all interview notes.

Conclusion of Investigation, Notice of Hearing

Once the investigation report is final, the report together with all attachments shall be provided to each party and to their advisor, if any, in a secure manner (e.g., by providing digital copies of the materials through a protected, “read-only” web portal). Each party shall have ten (10) days to provide a response. The response, if any, shall be provided to the Hearing Officer.

Following conclusion of the investigation, each party shall be provided with a Notice of Hearing, which shall include information regarding the date of the hearing, the identity of the Hearing Officer, the process to be used at the hearing, deadlines for submission of evidence, names of witnesses, or questions to be reviewed by the Hearing Officer to ensure they are relevant to the allegations. The hearing shall be scheduled no less than ten (10) days from the date of the Notice of Hearing.

Within three (3) days of receipt of the Notice of Hearing, either party may object to the Hearing Officer on the basis of a demonstrated bias or actual conflict of interest. Any objection is to be in writing and sent to the Title IX Coordinator. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator shall remove the Hearing Officer and appoint another.

Hearing Procedures

The purpose of a hearing is for a Hearing Officer(s) (who is also the Decisionmaker) to determine whether the conduct occurred as alleged, and if so, whether that conduct violates this policy. Lewis & Clark College expects that all individuals who participate in the hearing process do so truthfully and that all who have a responsibility for carrying out one or more aspects of the hearing process do so fairly and without prejudice or bias. Hearings may be conducted in person or via videoconferencing. The Title IX Coordinator may determine that the hearing will continue in the absence of any party or any witness.

Lewis & Clark College will appoint a Hearing Officer, who may be the same person as the Title IX Coordinator or investigator, who will determine whether a violation of Lewis & Clark College policy has occurred. The Hearing Officer shall have the authority to determine the relevance of evidence submitted, and of questions asked, to limit the time allotted to any phase of the hearing, and/or to limit the time allotted to the full hearing. The Hearing Officer shall not draw an inference about the determination regarding responsibility based solely on a party’s absence from the hearing or refusal to answer questions posed.

Each hearing shall be recorded by Lewis & Clark College and this recording will be considered the only official recording of the hearing. No other individual is permitted to record while the hearing is taking place. The recording is the property of Lewis & Clark College but shall be available for listening until the conclusion of the appeals process to complainant, respondent, their respective advisors, Hearing Officer, and Appeal Officer by contacting the Title IX Coordinator.

Prior to the Hearing

The parties and the Hearing Officer all have the right to call witnesses. Witnesses participating in the hearing must have information relevant to the allegations. Parties who wish to call witnesses must submit the name of the witness at least five (5) days in advance of the hearing.

Only witnesses who participated in the investigation will be permitted to participate in the hearing, unless the witness was otherwise unknown or not known to have relevant information during the course of the investigation. If the witness did not participate in the investigation, the party must also provide the reason the witness was not interviewed by the investigator, and what information the witness has that is relevant to the allegations. The Hearing Officer will then determine whether the witness has relevant information and if there is sufficient justification for permitting the witness to participate. The Hearing Officer may instead send the case back to the investigator to interview the newly proffered witness prior to the hearing taking place.

A list of witnesses approved by the Hearing Officer will be provided to the parties at least three (3) days prior to the hearing.

Three (3) days prior to the hearing, each party shall submit to the Hearing Officer a preliminary list of questions they wish to pose to the other party, or to a witness. If the Hearing Officer determines that any questions are not relevant or seek otherwise impermissible evidence, the Hearing Officer shall exclude the question and explain the reason for the exclusion of the question at the hearing. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The Hearing Officer must give a party an opportunity to clarify or revise any question that the Hearing Officer has determined is unclear or harassing and, if the party sufficiently clarifies or revises a question, and the question is relevant, the question will be asked.

Advisor

Each party is entitled to be accompanied by one advisor at the hearing. The role of the advisor is to assist the party with understanding and navigating the proceedings. The advisor may not advocate for, respond for, or otherwise speak on behalf of, a party during the hearing. In the event that a party does not appear for the Hearing, the advisor for that party may not participate in the hearing or submit questions to be asked on behalf of the party.

Hearing Participation Guidelines

The Hearing Officer shall have the authority to maintain order and decorum at the hearing, including responding to disruptive or harassing conduct, and when necessary to adjourn the hearing or exclude the disruptive person. In the event the Hearing Officer removes an advisor, the Hearing Officer will have the discretion to appoint another advisor for the remainder of the hearing. The Hearing Officer also has the authority to determine whether any questions are not relevant, abusive, intimidating, or disrespectful, and will not permit such questions. The Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing.

Statements, Questioning and Presentation of Evidence

During the hearing, each party will be permitted to provide an introductory statement. Following introductory statements, the Hearing Officer will call parties and witnesses for questioning. The order of questioning shall be determined by the Hearing Officer. The Hearing Officer will pose questions to the parties and witnesses including the questions the Hearing Officer approved to be asked that were submitted by each party prior to the hearing. Each party will then be provided an opportunity to submit follow-up written questions to the Hearing Officer for the Hearing Officer to pose to the other party or witnesses. If the Hearing Officer determines that any questions are not relevant to the allegations, or seek otherwise impermissible evidence, the Hearing Officer shall exclude the question and explain the reason for the exclusion of the question at the hearing and offer an opportunity to the party to reframe or resubmit the question. Questions that are unclear or harassing of the party or witness being questioned will not be permitted.

Only the Hearing Officer is permitted to ask questions of parties and witnesses. Neither party may directly question the other party or witness. Advisors are not permitted to directly or indirectly question the other party or witness.

Following the questioning of parties and witnesses, each party will be permitted to provide a closing statement, which may include, but is not limited to, an impact statement. An advisor is not permitted to provide a closing statement on behalf of their party.

Hearing Officer’s Report

Following the hearing, the Hearing Officer shall prepare a determination report. All findings shall be made by a preponderance of the evidence, meaning more likely than not. To the extent credibility determinations need to be made, such determinations shall not be based on a person’s status as complainant, respondent, or witness.

The determination report will include:

• A description of the sex-based harassment;
• A reference to the policies and procedures used to evaluate the allegations;
• Description of all procedural steps taken to date;
• The Hearing Officer’s evaluation of the relevant and not otherwise impermissible evidence along with the finding of facts;
• Determinations for each allegation, with the rationale;
• Whether remedies will be provided;
• The procedures for an appeal.

The Hearing Officer’s report shall be provided to the Title IX Coordinator. If the Hearing Officer determines that there is no finding of responsibility, the Title IX Coordinator shall communicate the findings to each party, and their advisor should the party wish the advisor to receive it, a written Notice of Outcome along with a copy of the Hearing Officer’s report, to the parties, together with procedures for appeal.

If there is a finding of responsibility, the Title IX Coordinator shall contact the appropriate sanctioning officer who will determine the sanction and notify the Title IX Coordinator of the sanctioning determination. The Title IX Coordinator will then provide each party, and their advisor should the party wish the advisor to receive it, a written Notice of Outcome regarding the Hearing Officer’s decision, including the Hearing Officer’s report. The Title IX Coordinator will also provide written communication to the complainant regarding any appropriate remedies.

• Sanctioning Officer or Designee for Student Respondents: Primary Student Conduct Officer (or designee)

Process 2: Investigation & Decisionmaking Procedures in Cases of Sex-Based Harassment Involving a Student Complainant and Employee Respondent

The following describes the investigation and decisionmaking procedures for matters of sex-based harassment in which a student is a complainant and an employee is the respondent.

Lewis & Clark College will assign a trained investigator to conduct an adequate, reliable, and impartial investigation in a reasonably prompt timeframe. Lewis & Clark College reserves the right to utilize internal or external investigators.

All parties have the option to participate in the investigation, and each have the same rights during the resolution process including the right to an advisor, to submit relevant witness names and evidence, and to review the evidence gathered by the investigator prior to the investigator’s making any findings.

An investigation process consists of five stages: written notice of investigation; evidence gathering; evidence review; final written determination; option to appeal.

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:

1. Lewis & Clark College’s investigation procedures, including the applicable determination procedure that will be used in this investigation and resolution, and a link to the relevant policies;
2. Information about the agreement-based resolution, with a link to the full procedures.
3. Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
4. A statement that retaliation is prohibited;
5. Whether the investigator, or another individual, shall serve as the Decisionmaker.
6. Expected length of the major stages of the resolution process, as well as any applicable deadlines.
7. The Notice will inform the parties that the investigator will establish and communicate, in writing, all investigation deadlines, including the final deadlines for submitting names of witnesses, evidence, and relevant questions to ask a party or witness. These deadlines may be extended by the Title IX Coordinator for good cause, and any changes will be provided, in writing, to the parties, along with the rationale for the revised deadline(s).
8. The process for raising a challenge to the appointed investigator, Decisionmaker or Title IX Coordinator, and the deadline for doing so.
9. A statement that the respondent is presumed not responsible for Prohibited Conduct until a determination is made at the conclusion of the resolution process. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decisionmaker;
10. A statement that the parties may have an advisor of their choice who may be a friend, parent, therapist, colleague, or attorney;
11. The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigation report that accurately summarizes this evidence.
12. The College’s StudentFalse Information Policy prohibits knowingly making false statements or knowingly submitting false information during the resolution procedures. The College’s Employee Code of Ethics Policyexpects that employees will be honest and candid.
13. The Decisionmaker will be identified. If Lewis & Clark assigns a different Decisionmaker, an updated notice will be provided to the parties.
14. The date and time of the initial interview with the Investigator, with a minimum of five (5) days’ notice.

Individual Interviews

The investigator will hold individual interviews with parties and witnesses to ask relevant and not otherwise impermissible questions and follow-up questions, including questions exploring credibility, and to request of the parties the names of relevant witnesses and relevant evidence. Only the investigator and the party or witness may attend each individual interview, and a party may be accompanied by their advisor. Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of the resolution process, and may be subject to further College discipline for failure to do so.

The investigator will then gather from parties, witnesses, and other sources, all relevant evidence.

At the initial interview with each party, the investigator will invite the parties to provide, in writing and in advance of the individual interviews, questions to ask of the parties and witnesses that are relevant and not otherwise impermissible, including questions exploring credibility. Upon receiving the question list, the investigator will determine whether a proposed question is relevant and not otherwise impermissible and will explain, in writing in advance of the individual interview, any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The investigator must give a party an opportunity to clarify or revise any question that the investigator has determined is unclear or harassing and, if the party sufficiently clarifies or revises a question, the question will be asked.

An investigator will not permit questions that are unclear or harassing of any party or witness being questioned.

The College will share expectations of decorum to be observed at all times in any meeting or proceeding under this policy. These expectations are applied equally to all parties and advisors. The College has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved party, witness, or advisor who does not comply with these expectations and any other applicable College rules.

The individual interviews may be conducted with all participants physically present in the same geographic location, or, at the College’s discretion, with all participants joining virtually through a video conferencing option. All interviews will be recorded, and either an audio or audiovisual record, or transcript of these meetings will be provided to the parties during evidence review.

The investigator will determine, in their sole discretion, whether parties and witnesses are likely to provide relevant information about the allegations and has the sole discretion to determine which parties and witnesses to call to an interview. The investigator may conduct follow-up interviews as they deem appropriate.

Investigator Determination of Relevance

The investigator will determine whether parties and witnesses are likely to provide relevant information about the allegations, and has the sole discretion to determine which parties and witnesses to call to individual follow-up meetings.

The investigator will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. Character evidence that is not relevant will not be considered. If the Decisionmaker is not the investigator, the Decisionmaker is not bound by the investigator’s determinations about relevance.

Evidence Review

At the conclusion of all fact-gathering, the investigator will provide each party and their advisor the opportunity to review all relevant and not otherwise impermissible evidence gathered. In the event that an audio or audiovisual recording is shared, the recording will only be made available at an in-person and monitored meeting on campus, and will not otherwise be transmitted for review, so as to maintain the privacy of those participating in the process.

The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation and to submit any additional relevant evidence, questions for parties or witnesses, or the names of any additional witnesses with relevant information. This is the final opportunity to offer evidence or names of witnesses. Evidence not provided during the investigation process will not be considered by the Decisionmaker. Given the sensitive nature of the information provided, Lewis & Clark will facilitate this review in a secure manner. None of the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.

The parties will have a minimum of 5 days to inspect and review the evidence and submit a written response in writing to the investigator. The Title IX Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence.

When deemed appropriate by the investigator, the investigator shall then conduct any additional fact-gathering as may be necessary. If new, relevant evidence was submitted as part of evidence review, or is gathered during this second fact-gathering period, the new relevant evidence will be made available for review by the parties and their advisors. The parties shall have 5 days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the investigator shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.

The investigator will consider the parties’ written responses before finalizing the investigation report.

The parties may each submit a written impact statement prior to the conclusion of the resolution process. The impact statement is not evidence, and will be reviewed only after a determination of responsibility is reached.

Determination and Investigation Report

The investigator will generally serve as the Decisionmaker, unless circumstances warrant the appointment of a different Decisionmaker. The Decisionmaker shall evaluate the relevant and not impermissible evidence and make a factual determinations regarding each allegation.

The Decisionmaker may choose to place less or no weight upon statements by a party or witness who refused to respond to questions deemed relevant and not otherwise impermissible, or who was not available, despite reasonable diligence, for a follow-up interview. The Decisionmaker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to questions.

The Decisionmaker shall then determine, based upon the factual findings, whether a violation of college policy occurred. The Decisionmaker shall prepare a report which shall include:

• A description of the sex-based harassment;
• A reference to the policies and procedures used to evaluate the allegations;
• Description of all procedural steps taken to date;
• The Decisionmaker’s evaluation of the relevant evidence along with the finding of facts;
• Determinations for each allegation, with the rationale;
• Whether remedies will be provided;
• The procedures for an appeal.

This report shall be provided to the Title IX Coordinator. In the event that the Decisionmaker has determined that a violation of college policy has occurred, the Title IX Coordinator shall then provide the report to the appropriate Sanctioning Officer to determine the sanction, and the Title IX Coordinator shall then determine the appropriate remedy(ies) for the Complainant and any impacted parties.

• Sanctioning Officer or Designee for Student Respondents: Primary Student Conduct Officer (or designee)
• Sanctioning Officer or Designee for Staff Respondents: Primary Human Resources Officer (or designee)
• Sanctioning Officer or Designee for Faculty: Primary Human Resources Officer (or designee)

The Title IX Coordinator shall then provide the parties and their advisors, if any, with a written Notice of Outcome and a copy of the Decisionmaker’s report. The Notice of Outcome shall include any disciplinary sanctions for the respondent, whether remedies will be provided, and the procedures for appeal. In addition, the complainant shall be informed of any remedies that apply to the complainant.

Process 3: Investigation & Decision-making Procedures for All Prohibited Conduct Except Sex-Based Harassment Involving a Student Party

This procedure describes the investigation and decisionmaking process for all matters of Prohibited Conduct being investigated and determined under this policy except for sex-based harassment involving a student as a party.

Lewis & Clark College will assign a trained investigator to conduct an adequate, reliable, and impartial investigation in a reasonably prompt timeframe. Lewis & Clark College reserves the right to utilize internal or external investigators.

All parties have the option to participate in the investigation, and each have the same rights during the resolution process including the right to an advisor, to submit relevant witness names and evidence, and to review the evidence gathered by the investigator prior to the investigator’s making any findings.

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:

1. Lewis & Clark College’s resolution procedures, including the applicable determination procedure, and any alternative resolution process, with a link to the full procedures;
2. The specific allegations, including the identity of the parties, and dates and location if known;
3. Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
4. A statement that Retaliation is prohibited;
5. Contact information for the assigned investigator and Decisionmaker, as well as the process for raising a challenge to the appointed investigator, Decisionmaker, or Title IX Coordinator, and the deadline for doing so.
6. Expected length of the major stages of the resolution process, as well as any applicable deadlines.
7. Whether the Investigator, or another individual, shall serve as the Decisionmaker.
8. A statement that the respondent is presumed not responsible for Prohibited Conduct until a determination is made at the conclusion of the investigation and decision-making procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decisionmaker;
9. The parties may have an advisor of their choice who may be a friend, colleague, therapist, or attorney;
10. The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence, and to provide a response;
11. A statement that Lewis & Clark College prohibits knowingly making false statements or knowingly submitting false information during resolution procedures, with a link to the relevant policy(ies).
12. The date and time of the initial interview with the investigator, with a minimum of five (5) days’ notice.

Individual Interviews

The investigator will hold individual interviews with parties and witnesses to ask relevant and not otherwise impermissible questions and follow-up questions, including questions exploring credibility. Only the investigator and the party or witness may attend each individual interview, and a party may be accompanied by their advisor. Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of those proceedings, and may be subject to further Lewis & Clark College discipline for failure to do so.

Lewis & Clark College may also adopt and apply other reasonable rules regarding decorum, provided they apply equally to the parties.

The individual interviews may be conducted with all participants physically present in the same geographic location, or, at Lewis & Clark College’s discretion, with all participants joining virtually through a video conferencing option.

Lewis & Clark College will share expectations of decorum to be observed at all times in any meeting or proceeding under this policy. These expectations are applied equally to all parties and advisors. Lewis & Clark College has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved party, witness, or advisor who does not comply with these expectations and any other applicable Lewis & Clark College rules.

Evidence Review

At the conclusion of all fact-gathering, the investigator will provide each party and their advisor, if any, the opportunity to review all relevant and not otherwise impermissible evidence gathered.

The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation, to submit any additional relevant evidence, and the names of any additional witnesses with relevant information. This is the final opportunity to offer evidence, or names of witnesses. Given the sensitive nature of the information provided, Lewis & Clark College will facilitate this review in a secure manner. None of the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.

The parties will have a minimum of 5 days to inspect and review the evidence and submit a written response in writing to the investigator. Lewis & Clark College will provide access to copies of the parties’ written responses to the investigator to all parties and their advisors, if any. The Title IX Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence. At the conclusion of the evidence review, when deemed appropriate by the investigator, the investigator shall then conduct any additional fact-gathering as may be necessary. If new, relevant evidence is gathered during this second fact-gathering period, the new evidence will be made available for review by the parties and their advisors. The parties shall have 5 days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the investigator shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.

The investigator will consider the parties’ written responses before finalizing the investigation report.

The parties may each submit a written impact statement prior to the conclusion of the resolution process. The impact statement is not evidence, and will be reviewed only after a determination of responsibility is reached.

Determination and Investigation Report

The investigator will generally serve as the Decisionmaker, unless circumstances warrant the appointment of a different Decisionmaker. The Decisionmaker shall evaluate the relevant and not impermissible evidence and make a factual determinations regarding each allegation.

The Decisionmaker may choose to place less or no weight upon statements by a party or witness who refused to respond to questions deemed relevant and not otherwise impermissible, or who was not available, despite reasonable diligence, for a follow-up interview. The Decisionmaker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to questions.

The Decisionmaker shall then determine, based upon the factual findings, whether a violation of college policy occurred. The Decisionmaker shall prepare a report which shall include:

• A description of the sex-based harassment;
• A reference to the policies and procedures used to evaluate the allegations;
• Description of all procedural steps taken to date;
• The Decisionmaker’s evaluation of the relevant evidence along with the finding of facts;
• Determinations for each allegation, with the rationale;
• Whether remedies will be provided;
• The procedures for an appeal.

This report shall be provided to the Title IX Coordinator. In the event that the Decisionmaker has determined that a violation of college policy has occurred, the Title IX Coordinator shall then provide the report to the appropriate Sanctioning Officer to determine the sanction, and the Title IX Coordinator shall then determine the appropriate remedy(ies) for the Complainant and any impacted parties.

• Sanctioning Officer or Designee for Student Respondents: Primary Student Conduct Officer (or designee)
• Sanctioning Officer or Designee for Staff Respondents: Primary Human Resources Officer (or designee)
• Sanctioning Officer or Designee for Faculty: Primary Human Resources Officer (or designee)

The Title IX Coordinator shall then provide the parties and their advisors, if any, with a written Notice of Outcome and a copy of the Decisionmaker’s report. The Notice of Outcome shall include any disciplinary sanctions for the respondent, whether remedies will be provided, and the procedures for appeal. In addition, the complainant shall be informed of any remedies that apply to the complainant.

Dismissals of complaints and determinations made in the investigation and decisionmaking processes may be appealed in writing by either party. Appeals will be sent to the Title IX Coordinator, who will then send the appeal to the Appeals Officer assigned to conduct a written review of the appeal(s) and to make a final determination. Appeals must be in writing and filed within ten (10) days following the issuance of the outcome letter.

When an appeal is filed, the other party shall be notified and provided with a copy of the filed appeal within one (1) day, and have five (5) days to respond to the appeal in writing. Any party’s decision not to submit a reply to an appeal is not evidence that the non-appealing party agreed with the appeal.

Within three (3) days of an Appeal Officer being assigned, either party may provide written objection to the Appeal Officer on the basis of an actual bias or conflict of interest. Any objection is to be sent to the Title IX Coordinator. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator will appoint another Appeal Officer.

Appeals may be filed only on the following three grounds:

• Procedural Error: A procedural error occurred would change the outcome. A description of the error and its impact on the outcome of the case must be included in the written appeal; or,

• New Evidence: New evidence or information has arisen that was not available or known to the party during the investigation or hearing, that would change the outcome. Information that was known to the party during the resolution process but which they chose not to present is not considered new information. The new evidence, an explanation as to why the evidence was not previously available or known, and an explanation of its potential impact on the investigation findings must be included in the written appeal; or

• Actual Conflict of Interest or Demonstrated Bias:The Title IX Coordinator, investigator, or others with a role in the process with an actual conflict of interest or demonstrated bias for or against complainants or respondents generally, or the individual complainant or respondent, that would change the outcome. Any evidence supporting the alleged conflict of interest or demonstrated bias must be included in the written appeal.

The Appeal Officer will make a determination regarding the appeal and communicate that decision, along with a rationale for the decision to the Title IX Coordinator who will communicate the Appeal Officer’s decision to the Parties. The decision of the Appeals Officer is final.

Failure to Complete Sanctions/Comply with Responsive Actions

All responding parties are expected to comply with conduct sanctions/responsive actions/ corrective actions within the timeframe specified by Lewis & Clark College. Responding parties needing an extension to comply with their sanctions must submit a written request to the Title IX Coordinator stating the reasons for needing additional time.

Failure to follow through on conduct sanctions/responsive actions/corrective actions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions/responsive actions/corrective actions, such as suspension, expulsion, termination, or a transcript notation. Students who fail to comply will be referred to the Office of Community Accountability and Conflict Education in accordance with Lewis & Clark College’s Code of Conduct.

In implementing this policy, records of all reports and resolutions will be kept by the Coordinator in accordance with the applicable Lewis & Clark College records retention schedule. All records will be afforded the confidentiality protections required by law, including but not limited to the Family Educational Rights and Privacy Act governing confidentiality of student information.

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. Should the Title IX Coordinator have a conflict of interest, the Title IX Coordinator is to immediately notify the Dean for Equity and Inclusion, who will either take, or reassign, the role of Title IX Coordinator for purposes of carrying out the handling and finalization of the matter at issue. 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 reassign the role as appropriate. This policy will note where parties have the opportunity to challenge the participation of any individual implementing this policy based on actual conflict of interest or demonstrated bias.

Obligations in this policy assigned to a particular title, such as the Title IX Coordinator, may be designated as appropriate by Lewis & Clark College, including to external professionals.

The U.S. Equal Employment Opportunity Commission (EEOC) investigates reports of unlawful discrimination and harassment in employment.

The U.S. Department of Education, Office for Civil Rights (OCR) investigates complaints of unlawful discrimination and harassment of students and employees in education programs or activities.

For more information, contact the nearest office of the EEOC or OCR.

US Department of Education
Office for Civil Rights

U.S. Department of Education
Seattle Office
915 Second Avenue, Room 3310
Seattle, Washington 98174-1099
Phone: 206-607-1600
Fax: 206-607-1601
TDD: 800-877-8339
OCR.Seattle@ed.gov

U.S. Equal Employment Opportunity Commission (EEOC)
https://www.eeoc.gov/contact-eeoc

Oregon Bureau of Labor and Industries
https://complaints.boli.oregon.gov/home/landing

These policies and procedures will be reviewed and updated regularly by the Title IX Coordinator. The Title IX Coordinator will submit modifications to this policy in a manner consistent with institutional policy upon determining that changes to law, regulation or best practices require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of its implementation will apply. The policy definitions in effect at the time of the conduct will apply even if the policy is changed subsequently, unless the parties consent to be bound by the current policy.

This policy may be revised at any time without notice. All revisions supersede prior policy and are effective immediately upon posting to Lewis & Clark College website.

Advisor: Each party has the right to choose and consult with an advisor of their choice at their own expense. The advisor may be any person, including a friend, family member, therapist, union representative, or an attorney. Lewis & Clark College will not limit their choice of advisor. Parties in this process may be accompanied by an advisor of choice to any meeting or proceeding to which they are required or are eligible to attend.

Except where explicitly stated by this policy, advisors shall not participate directly in the process. Lewis & Clark College will provide the parties equal access to advisors; any restrictions on advisor participation will be applied equally.

The advisor may not represent, advocate, or speak on behalf of a complainant or respondent. An advisor may not disrupt or impede any resolution proceeding.

Amnesty: a provision whereby a student who makes a report or assists another in making a report to Lewis & Clark College or who participates in the resolution of a complaint under this policy will not be subject to Lewis & Clark College’s policy concerning alcohol or drug use or trespassing or unauthorized entry of school facilities, or other violations of the code of conduct for actions that may have occurred at or near the time of the Prohibited Conduct defined within this policy, unless the misconduct threatens the health or safety of another or constitutes an egregious violation.

Coercion/Force: Consent cannot be procured by the use of physical force, compulsion, threats, intimidating behavior, or coercion. Sexual activity accompanied by coercion or force is not consensual.

• Coercion refers to unreasonable pressure for sexual activity. When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive. The use of coercion can involve the use of pressure, manipulation, substances, or force. Ignoring objections of another person is a form of coercion.
• Force refers to the use of physical violence or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance.

Complaint: A complaint means an oral or written request to Title IX Coordinator that objectively can be understood as a request for Lewis & Clark College to investigate and make a determination about alleged discrimination under this policy. A complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail (email), by using the contact information listed on the Title IX/Equal Opportunity website (https://www.lclark.edu/about/title_ix_compliance/), or as described in this policy. Individuals who would like more information about filing a complaint are invited to contact the Title IX Coordinator for additional information.

Complainant: Any individual who has reported being or is alleged to be impacted by Prohibited Conduct as defined by this policy, and who was participating in a Lewis & Clark College program or activity at the time of the alleged misconduct.

Confidential Resources: any individual identified by the college who receives information about conduct prohibited under this policy in their confidential capacity and who are privileged under state law will not report prohibited conduct disclosed to them without written consent. Designation as a confidential resource under this policy only exempts such individuals from disclosure to the Title IX Coordinator. It does not affect other mandatory reporting obligations under state child abuse reporting laws, the Clery Act as a campus security authority, or other laws that require reporting to campus or local law enforcement.

Consent is knowing, voluntary and mutual decision among all participants to engage in sexual activity, expressed in words or actions. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct with that particular person or people.

Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity. If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). Past consent does not imply future consent. A current or previous dating relationship is not sufficient to constitute consent.

The existence of consent is based on the totality of the circumstances, evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred. Silence or the absence of resistance alone is not consent. In Oregon, a minor (meaning a person under the age of 18 years) cannot consent to sexual activity except in limited circumstances dictated by law.

Consent can be withdrawn at any time during sexual activity through reasonable and clear communications through words or actions. When consent is withdrawn, sexual activity must stop.

Consent cannot be given if any of the following are present: Incapacitation, Force, or Coercion.

Days: any reference to days refers to business days when Lewis & Clark College is in normal operation.

Decisionmaker: Trained professional designated by Lewis & Clark College to decide responsibility, sanction, or appeals. A Decisionmaker may be one person, or a panel of multiple people as determined by Lewis & Clark College. When there is no hearing, the investigator may be appointed as the Decisionmaker.

Disclosure or Report: A disclosure or report may be made by anyone, whether they learned about conduct potentially constituting discrimination or harassment under this policy, or whether they personally experienced such conduct. A person making a disclosure or report may or may not be seeking to initiate an investigation.

Education Program or Activity: Lewis & Clark College’s “education program or activity” includes all campus operations, including off-campus settings that are operated or overseen by Lewis & Clark College, including, for example, field trips, online classes, and athletic programs; conduct subject to Lewis & Clark College’s disciplinary authority that occurs off-campus; conduct that takes place via Lewis & Clark College-sponsored electronic devices, computer and internet networks and digital platforms operated by, or used in the operations of, Lewis & Clark College. Conduct that occurs outside of the education program or activity may contribute to a hostile environment within the program or activity.

Finding: a written conclusion by a preponderance of the evidence, issued by an Investigator, that the conduct did or did not occur as alleged.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing and informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, or being under the influence of drugs or alcohol. This policy also covers a person whose incapacity results from temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs, or who are sleeping.

Under this policy, Lewis & Clark College will consider whether a respondent knew or should have known the complainant to be incapacitated, based on an objective, reasonable person standard that assumes the reasonable person is both sober and exercising sound judgment. The fact that the respondent was unaware of the complainant’s incapacity due to the respondent’s own drug or alcohol use shall not be considered as an excuse.

No-Contact Directive: A No Contact Directive is a document issued by a Lewis & Clark College administrator that is designed to limit or prohibit contact or communications between the parties. A No-Contact Directive may be mutual or unilateral, with the exception that a No-Contact Directive issued as either a sanction or remedy shall be unilateral, directing that the respondent does not contact the complainant.

Notice: All notices under this policy are written and sent to the student or employee’s assigned Lewis & Clark College email address or delivered via Certified Mail to the local or permanent address(es) of the parties as indicated in official Lewis & Clark College records, or personally delivered to the intended recipient.

Party/parties: Referring to complainant(s), respondent(s), or both/all complainant(s) and respondent(s).

Remedies: Remedies means measures provided, as appropriate, to a complainant or any other person Lewis & Clark College identifies as having had their equal access to Lewis & Clark College’s education program or activity limited or denied by discrimination or other prohibited conduct covered by this policy. These measures are provided to restore or preserve that person’s access to the education program or activity after a Lewis & Clark College determines that discrimination occurred. Only the complainant will be informed of any remedies pertaining to them. Some examples are academic support and/or opportunity to retake a class or resubmit work or time extensions on course or degree completion, or non-academic support such as counseling, or changes to work assignments or locations. The Title IX Coordinator is responsible for implementation of remedies.

Respondent: an individual, or group of individuals such as a student organization, who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct under this policy; or retaliation for engaging in a protected activity.

Sanctions: One or more of the sanctions or disciplinary steps listed here may be imposed on a respondent who is found responsible for a violation of Lewis & Clark College’s policies. Sanctions or disciplinary steps not listed here may be imposed in consultation with the Title IX Coordinator.

The form of sanction or discipline used will depend on the nature of the offense, as well as any prior disciplinary history. Such discipline or sanction will be imposed pursuant to and in accordance with any and all applicable Lewis & Clark College rules, policies, and procedures. Factors considered when determining a sanction/responsive action may include:

• The nature, severity of, and circumstances surrounding the violation.
• An individual’s disciplinary history.
• Previous grievances or allegations involving similar conduct.
• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, or retaliation.
• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, or retaliation.
• The need to remedy the effects of the discrimination, harassment or retaliation on the victim and the campus community.

Student sanctions imposed are implemented when the decision is final (after an appeal, or, if there was no appeal, after the appeals period expires).

Faculty found responsible for violating this policy may be referred to the appropriate academic official for any other applicable processes.

Possible sanctions and disciplinary steps for student respondents include, but are not limited to the following:

• Formal Warning: Notice, in writing, that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.
• Disciplinary Probation: Exclusion from participation in privileged activities for a specified period of time (privileged activities may include, but are not limited to, elected or appointed ASOC offices, student research, athletics, some student employment, and study abroad). Additional restrictions or conditions may also be imposed. Violations of the terms of disciplinary probation or any other College policy violations may result in further disciplinary action.
• Restitution: Repayment to the College or to an affected party for damages resulting from a violation of this Code. To enforce this sanction, the College reserves the right to withhold its transcripts and degrees or to deny a student participation in graduation ceremonies and privileged events.
• Removal from Campus Housing: Students may be removed from College housing and/or barred from applying for campus housing due to disciplinary violations of this Code.
• Suspension: Exclusion from College premises, attending classes, and other privileges or activities for a specified period of time, as set forth in the suspension notice. Notice of this action will remain in the student’s conduct file. Conditions for readmission may be specified in the suspension notice, including completion of any outstanding disciplinary outcomes, and meeting with staff to set expectations for the student’s return to campus. Duration of suspension can range from the remainder of a semester to multiple academic years, as deemed appropriate by the conduct authority hearing the case.
• Disciplinary Dismissal: Permanent termination of student status and exclusion from College premises, privileges, and activities. This action will be permanently recorded on the student’s academic transcript.
• Revocation of Admission and/or Degree: Admission to, or a degree awarded by, the College may be revoked for fraud, misrepresentation in obtaining the degree or violation of College policies, the Code of Conduct or for other serious violations committed by a student prior to enrollment or graduation.
• Withholding Degree: The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Code, including the completion of all sanctions imposed, if any.

Other sanctions may be imposed instead of, or in addition to, those specified here. Service, education, or research projects may also be assigned. More than one of the sanctions listed above may be imposed for any single violation.

Possible sanctions and disciplinary steps for staff and faculty respondents include, but are not limited to

• Written and/or verbal counseling
• Remedial training
• Reprimand
• Suspension
• Demotion
• Dismissal/Termination

Student, for the purposes of this Policy: Any person who has (or will have) attained student status by way of:

1. Admission, housing, or other service that requires student status.
2. Registration for one or more credit hours.
3. Enrollment in any non-credit, certificate or other program offered by the college.

Statement of Nondiscrimination

Lewis & Clark College does not discriminate and prohibits discrimination against any individual based on any category protected under applicable federal, state, or local laws.

Accordingly, Lewis & Clark College does not discriminate, and strictly prohibits unlawful discrimination on the basis of race (including traits historically associated with race, such as hair texture and protective hairstyles), color, religion, creed, national origin, ancestry, sex (including pregnancy, childbirth, or related medical conditions), gender, gender identity or expression, age, sexual orientation, physical or mental disability, citizenship, genetic information or predisposing genetic characteristics, marital status, familial status, domestic violence victim status, caregiver status, military status, including past, current, or prospective service in the uniformed services, or any other category or characteristic protected by applicable law. When brought to the attention of Lewis & Clark College, any such discrimination will be appropriately addressed by Lewis & Clark College according to the procedures below and any applicable collective bargaining agreement.

Title IX of the Education Amendments of 1972

Lewis & Clark College does not discriminate in its admissions practices except as permitted by law, in its employment practices, or in its educational programs or activities on the basis of sex. As a recipient of federal financial assistance for education activities, Lewis & Clark College is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex. Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or related conditions.

Lewis & Clark College has obligations under Title IX to provide certain supports and modifications to people experiencing pregnancy or related conditions in order to ensure their equal access to Lewis & Clark College’s program or activity. For example, Lewis & Clark College must treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions and must allow voluntary leaves of absence. Students, employees, or applicants should contact the Title IX Coordinator for more information. Employees or applicants may also contact Human Resources for more information, because additional workplace laws and policies apply.

Pregnancy or related conditions include pregnancy, childbirth, termination of pregnancy, lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Lewis & Clark College also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process, whether internal or external to the institution. Sex-based harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and by Lewis & Clark College policy.

Section 504/Americans with Disabilities Act

In both practice and policy, Lewis & Clark College adheres to the requirements of the Americans with Disabilities Act of 1990, as amended 2008 (ADAAA); Sections 504 and 508 of the Rehabilitation Act of 1973, as amended; and all other federal and state laws and regulations prohibiting discrimination on the basis of disability. Lewis & Clark College is committed to providing individuals with disabilities equal access and opportunity, and strives in its policies and practices to provide for the full participation of individuals with disabilities in all aspects of Lewis & Clark College life.

Parties involved in a process provided for under this policy may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point relating to the implementation of this policy, including making a disclosure or report, and initiating a resolution procedure. Accommodations will be granted if they are appropriate and do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other Lewis & Clark College programs and activities. With the consent of the impacted student or employee, the Title IX Coordinator will work collaboratively with the Office of Student Accessibility and/or Human Resources to ensure that approved reasonable accommodations (disability-related) are honored as applicable throughout any process related to this policy.

Crime and Incident Disclosure Obligations

The Clery Act is a federal crime and incident disclosure law. It requires, among other things, that Lewis & Clark College report the number of incidents of certain crimes, including some of the Prohibited Conduct in this policy, that occur in particular campus-related locations. The Clery Act also requires Lewis & Clark College to issue a warning to the community in certain circumstances.

In the statistical disclosures and warnings to the community, Lewis & Clark College will ensure that a complainant’s name and other identifying information is not disclosed. In compliance with Oregon state law, Lewis & Clark will submit a report to the legislature regarding allegations of intimate partner violence, domestic violence, sexual assault, sexual harassment, and stalking that were reported to the Title IX Coordinator. The report will present any data in an anonymous and aggregate manner. The Title IX Coordinator will refer information to the Clery Officer when appropriate for a determination about Clery-related actions, such as disclosing crime statistics or sending campus notifications.