/ Equity and Compliance

Policy and Processes

INTERIM POLICY AND PROCEDURES
Approved/In Effect Beginning August 14, 2020

Table of Contents

POLICY: Equal Opportunity, Harassment, and Nondiscrimination

  1. Policy on Nondiscrimination
  2. Glossary
  3. Rationale for Policy
  4. Applicable Scope
  5. Equal Opportunity and Compliance Coordinator
  6. Independence and Conflict-of-Interest
  7. Administrative Contact Information
  8. Notice/Complaints of Discrimination, Harassment, and/or Retaliation
  9. Supportive Measures
  10. Emergency Removal
  11. Promptness
  12. Privacy
  13. Jurisdiction of Hope College
  14. Time Limits on Reporting
  15. Online Harassment and Misconduct
  16. Policy on Discriminatory Harassment
  17. Retaliation
  18. Mandated Reporting
  19. Federal Statistical Reporting Obligations
  20. Federal Timely Warning Obligations
  21. When a Complainant Does Not Wish to Proceed
  22. False Allegations and Evidence
  23. Amnesty for Complainants and Witnesses
  24. Disabilities Accommodation in the Resolution Process
  25. Revision

APPENDIX A: PROCESS A

  1. Initial Assessment
  2. Grievance Process Pool
  3. Counterclaims
  4. Advisors
  5. Resolution Options
  6. Investigation
  7. Determination
  8. Additional Details of the Investigation Process
  9. Sanctions
  10. Withdrawal or Resignation While Charges are Pending
  11. Appeals
  12. Long-Term Remedies/Actions
  13. Failure to Complete Sanctions/Comply with Remedies/Responsive Actions
  14. Recordkeeping
  15. Statement of the Rights of the Parties


APPENDIX B: PROCESS B - Grievance Process for Alleged Title IX Sexual Harassment Violations

  1. Overview
  2. Notice/Complaint
  3. Initial Assessment
  4. Counterclaims
  5. Right to an Advisor
  6. Resolution Processes
  7. Grievance Process Pool
  8. Formal Grievance Process: Notice of Investigation and Allegation
  9. Resolution Timeline
  10. Appointment of Investigator(s)
  11. Ensuring Impartiality
  12. Investigation Timeline
  13. Delays in the Investigation Process and Interactions with Law Enforcement
  14. Steps in the Investigation Process
  15. Role and Participation of Witnesses in the Investigation
  16. Recording of Interviews
  17. Evidentiary Considerations in the Investigation
  18. Referral for Hearing
  19. Hearing Decision-maker Composition
  20. Evidentiary Considerations in the Hearing
  21. Notice of Hearing
  22. Alternative Hearing Participation Options
  23. Pre-Hearing Preparation
  24. Pre-Hearing Meetings
  25. Hearing Procedures
  26. Joint Hearings
  27. The Order of the Hearing- Introduction and Explanation of Procedure
  28. Investigator Presents the Final Investigation Report
  29. Testimony and Questioning
  30. Refusal to Submit to Cross-Examination and Inferences
  31. Recording Hearings
  32. Deliberation, Decision-making, and Standard of Proof
  33. 结果通知
  34. Statement of the Rights of the Parties
  35. Sanctions
  36. Withdrawal or Resignation While Charges Pending
  37. Appeals
  38. Long-Term Remedies/Other Actions
  39. Failure to Comply with Sanctions and/or Interim and Long-term Remedies and/or Responsive Actions
  40. Recordkeeping

APPENDIX C: Statement of Rights of the Parties


POLICY: Equal Opportunity, Harassment, and Nondiscrimination

1. Policy on Nondiscrimination

世界杯荷兰vs厄瓜多尔走地希望学院遵守所有联邦和州的民权法律法规,禁止在私立高等教育机构中存在歧视。

世界杯荷兰vs厄瓜多尔走地希望学院肯定所有人的尊严,都是按照上帝的形象创造的。世界杯荷兰vs厄瓜多尔走地希望书院致力成为一个受欢迎、充满活力和关怀的学术社区,透过多元化、公平和包容的承诺,加强学术卓越和对知识的追求;世界杯英格兰队vs丹麦队足彩并以历史悠久的基督教信仰为基础,在这样一个环境中,所有人的充分人性都可以繁荣,在这样的环境中,人们可以有空间聚集在一起的不同观点。希望学院的政策是不歧视基于年龄、残疾、种世界杯荷兰vs厄瓜多尔走地族、家庭状况、遗传信息、身高、国籍、种族、宗教(除非是善意的职业资格)、性别(包括性别表达、性别认同、怀孕、性取向)、神学观点(例如,保守、进步、传统)、退伍军人地位、体重或任何其他受法律保护的属性、地位或特征。

Our commitment to an equitable and inclusive place of learning, living, and working together, and to prevent discrimination and harassment, is the responsibility of all members of the Hope community.

This policy covers nondiscrimination in all the College’s programs and activities, including employment, admissions, and access to educational opportunities.

Therefore, any member of the Hope College community whose acts deny, deprive, or limit the educational or employment or residential and/or social access, benefits, and/or opportunities of any member of the Hope College community, guest, or visitor on the basis of that person’s legally protected attribute, status or characteristic listed above is in violation of the Hope College policy on nondiscrimination. Hope College also providesaccommodations给残障人士。

When brought to the attention of Hope College, any such discrimination will be promptly and fairly addressed and remedied by Hope College according to the appropriate grievance process described below.

The following individual has been designated to handle inquiries regarding the College’s nondiscrimination policies:
Senior Director of Equity and Compliance
Office of Equity and Compliance
DeWitt Center, Room 220
(616) 395-6816

2. Glossary

  • Advisormeans a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
  • Complainant指被指控为可能构成基于受保护阶层的骚扰或歧视行为的受害者的个人;或者报复从事受保护的活动。
  • Complaint指申诉人或EOC协调员提交/签署的文件,指控基于受保护阶层的骚扰或歧视,或因参与受保护活动而对被申请人进行报复,并要求希望学院调查该指控。世界杯荷兰vs厄瓜多尔走地“投诉”一词包括但不限于2020年《教育法修正案第九条》规定的“正式投诉”。
  • Confidential Resource指的是没有被授权的骚扰、歧视和/或报复通知记者的员工(不考虑克里法案校园安全管理局的地位)。
  • Daymeans a business day when the Hope College is in normal operation.
  • Decision-maker指在希望学院的正式申诉程序中拥有决策和制裁权力的官员。世界杯荷兰vs厄瓜多尔走地
  • Education program or activity指希望学院对被访者以及发生性骚扰或歧视事件的背景施加实质性控制的地点、事件或环境,也包括希望学院世界杯荷兰vs厄瓜多尔走地官方承认的学生组织拥有或控制的任何建筑。
  • Equal Opportunity and Compliance Office(“EOC”) is the office charged with oversight of equal opportunity, harassment, nondiscrimination and disability compliance and prevention efforts.
  • Equal Opportunity and Compliance Coordinator(“EOC协调员”)至少由一名由希望学院指定的官员,以确保遵守适用的州和联邦非歧视法律。世界杯荷兰vs厄瓜多尔走地平等机会委员会协调员担任教育法修正案第九条协调员和美国残疾人协会504协调员,并监督希望学院关于机会平等、骚扰、不歧视和残疾合规政策的实施。世界杯荷兰vs厄瓜多尔走地在本政策中对“协调员”的提及也可能包含对特定任务的协调员的指定。
  • Final Determination: A conclusion by the preponderance of the evidence that the alleged conduct occurred and whether it did or did not violate policy.
  • Finding: A conclusion by the preponderance of the evidence that the conduct did or did not occur as alleged.
  • Grievance Proceduresa method of formal or informal resolution designated by Hope College to address conduct that falls within the Policy. The Grievance Procedures include two processes: Process A and Process B. Process A will be used to address all misconduct that falls within the Policy other than that addressed by Process B. Process B, will be used address conduct that falls within the definition of “Title IX Sexual Harassment” included below in Section 15.c., and which complies with the requirements of the 2020 Title IX regulations, at 34 CFR Parts 106.30, 106.44, and 106.45.
  • Grievance Process Poolincludes any investigators, hearing officers, appeal officers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).
  • Hearing Decision-makerrefers to officials who participate in a hearing and have decision-making and sanctioning authority within Hope College’s grievance procedures.
  • Investigatormeans the person or persons charged by Hope College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.
  • Mandated Reportermeans an employee of the Hope College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the EOC Coordinator.[1]
  • Notice指员工、学生或第三方将据称发生的骚扰、歧视和/或报复性行为通知EOC协调员或其他权威官员。
  • Official with Authority(OWA) means an employee of Hope College explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the Hope College. This term includes the Title IX Coordinator, senior University officials, and all employees in supervisory positions.
  • Party or partiesrefers to the Complainant(s), the Respondent(s), or the Complainant(s) and the Respondent(s) collectively. Nothing in this Policy may be read in derogation of any legal right of a parent or guardian to act on behalf of their child.
  • Process Ameans the grievance procedure detailed below in Appendix A.
  • Process Bmeans the grievance procedure detailed below in Appendix B.
  • Remedies是针对投诉人和/或社区的事后行动,作为解决安全问题、防止再次发生和恢复希望学院教育项目准入的机制。世界杯荷兰vs厄瓜多尔走地世界杯英格兰队vs丹麦队足彩
  • Respondent指据报可能构成基于受保护阶层的骚扰或歧视行为的实施者;或者报复从事受保护的活动。
  • Resolutionmeans the result of an informal or formal resolution under Process A or Process B.
  • Sanction指的是希望学院对被申请人施加的后果,被申请人被发现违反了这一政策。世界杯荷兰vs厄瓜多尔走地

3. Rationale for Policy

世界杯荷兰vs厄瓜多尔走地希望学院致力于提供一个没有歧视、骚扰和报复的工作场所和教育环境,以及其他福利、项目和活动。为了确保遵守联邦和州的公民权利法律和法规,并确认其在教育项目或活动的各个方面促进公平和公平的目标的承诺,希望学院制定了内部政策和程序,为那些因受保护的阶级地位而受到歧视或骚扰的指控,以及针对报复的指控,提供一个迅速、公平和公正的程序。世界杯荷兰vs厄瓜多尔走地世界杯荷兰vs厄瓜多尔走地希望学院重视并维护社区所有成员的平等尊严,并努力在申诉过程中平衡各方的权利,这对所有当事人来说往往是一个困难的时期。世界杯英格兰队vs丹麦队足彩

4. Applicable Scope

The core purpose of this policy is the prohibition of all forms of discrimination. Sometimes, discrimination involves exclusion from activities, such as admission, athletics, or employment. Other times, discrimination takes the form of harassment or, in the case of sex-based discrimination, can encompass sexual harassment, sexual assault, stalking, sexual exploitation, dating violence or domestic violence. When an alleged violation of this anti-discrimination policy is reported, the allegations are subject to resolution using Hope College’s “Process A” or “Process B,” as determined by the EOC Coordinator, and as detailed below.

When the Respondent is a member of the Hope College community, a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the Hope College community. This community includes, but is not limited to, students,[2]student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, invitees, and campers. The procedures below may be applied to incidents, to patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this policy.

5. Equal Opportunity and Compliance (EOC) Coordinator

The Equal Opportunity and Compliance Coordinator serves as the Title IX Coordinator, Age Discrimination Act Coordinator, and ADA/Section 504 Coordinator and oversees implementation of Hope College’s policy on equal opportunity, harassment, and nondiscrimination and disability compliance. The EOC Coordinator has the primary responsibility for coordinating Hope College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent discrimination, harassment, and retaliation prohibited under this policy.

6. Independence and Conflict-of-Interest

平等机会与合规办公室(“EOC”)由平等机会与合规办公室(“EOC”)负责管理,并以独立和权威的方式行事,不存在偏见和利益冲突。EOC协调员监督本政策和程序下的所有决议。所有参与该政策下的指控的解决和裁决的学院官员都经过审查和培训,以确保他们不会在特定案件中偏袒或反对任何一方,或通常支持或反对投诉人和/或被诉人。These officials include the EOC Coordinator, any deputy coordinators, and any member of the Grievance Process Pool.

To raise any concern involving bias or conflict of interest by the EOC Coordinator, contact the Hope College President (DeWitt Center- 2nd floor, 616-395-7780 orpresident@m.icarseries.com) or designee. Concerns of bias or a potential conflict of interest by any other College official involved in the resolution and adjudication process EOC member should be raised with the Coordinator.

Reports of misconduct or discrimination committed by the EOC Coordinator should be reported to the Hope College President (DeWitt Center- 2nd floor, 616-395-7780 orpresident@m.icarseries.com) or designee. Reports of misconduct or discrimination committed by any other College official involved in the resolution and adjudication process should be reported to the EOC Coordinator.

7. Administrative Contact Information

Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and procedures, may be made internally to:

Name: Sara Dorer
EOC Coordinator, Title IX Coordinator, ADA/Section 504 Coordinator
Office of Equal Opportunity and Compliance
Location/Address: DeWitt Center, Room 220
(616) 395-6816
Email:dorer@m.icarseries.com
Web:m.icarseries.com/titleix

Name: Jill Whitcomb
Equal Opportunity Investigator
Office of Equal Opportunity and Compliance
Location/Address: DeWitt Center, Room 221
(616) 395-6749
Email:whitcomb@m.icarseries.com

世界杯荷兰vs厄瓜多尔走地希望学院还将大多数员工归为“强制记者”,即他们所知道的社区成员遭受骚扰、歧视和/或报复的情况。世界杯英格兰队vs丹麦队足彩下面关于强制报告的部分详细说明了哪些员工有这种责任和他们的职责。

Inquiries may be made externally to:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
TDD#: (877) 521-2172
Email:OCR@ed.gov
Web:ed.gov/ocr

The local Office of Civil Rights can be contacted at:

Office for Civil Rights (Cleveland Office), U.S. Department of Education
1350 Euclid Avenue, Suite 325
Cleveland, OH 44115-1812
216-522-4970

Equal Employment Opportunity Commission(EEOC)[3]
Contact:http://www.eeoc.gov/contact/
The local EEOC office can be contacted at:
EEOC – Detroit Field Office
Patrick V. McNamara Building
477 Michigan Avenue, Room 865
Detroit, MI 48226
Phone: 1-800-669-4000
Fax: 313-226-4610
TTY: 1-800-669-6820
ASL Video Phone: 844-234-5122
Web:https://www.eeoc.gov/field-office/detroit/location

8. Notice/Complaints of Discrimination, Harassment, and/or Retaliation

Notice or complaints of discrimination, harassment, and/or retaliation may be made using any of the following options:

  1. File a complaint with, or give verbal notice to, the Equal Opportunity and Compliance Office. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the EOC Coordinator or Equal Opportunity Investigator. (Contact information listed above in Section 6.)

  2. Report online, using the reporting form posted atm.icarseries.com/reportdiscrimination. Anonymous reports are accepted and can give rise to a need to investigate. Hope College tries to provide supportive measures to all Complainants, which is impossible with an anonymous report. Because reporting carries no obligation to initiate a formal response, and as the Hope College respects Complainant requests to dismiss complaints unless there is a compelling threat to health and/or safety, the Complainant is largely in control and should not fear a loss of privacy by making a report that allows the Hope College to discuss and/or provide supportive measures.

  3. Report by calling Campus Safety at (616) 395-7770.

A complaint means a document filed/signed by the Complainant or signed by the EOC Coordinator alleging a policy violation by a Respondent and requesting that Hope College investigate the allegation(s). A complaint may be filed with the EOC Coordinator in person, by mail, or by electronic mail, by using the contact information in the section immediately above, or as described in this section. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through the online portal provided for this purpose by Hope College) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the complaint.

If notice is submitted in a form that does not meet this standard, the EOC Coordinator will contact the Complainant to understand what the individual wants to do and to ensure that that the complainant is filed correctly.

9. Supportive Measures

Hope College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation.
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to Hope College’s education program or activity, including measures designed to protect the safety of all parties or the college’s educational environment, and/or deter harassment, discrimination, and/or retaliation.
EOC协调员在收到通知或投诉后,会迅速向各方提供支持措施。在提供支持措施时,希望学院将书面通知投诉人,如果他们还没有向希望学院提出投诉,那么他们可以在当时或未世界杯荷兰vs厄瓜多尔走地来向希望学院提出投诉。EOC协调员与投诉人合作,确保在计划和实施的支持措施中考虑到投诉人的意愿。

Hope College will maintain the privacy of the supportive measures, provided that privacy does not impair Hope College’s ability to provide the supportive measures. Hope College will act to ensure as minimal an academic impact on the parties as possible. The College will implement measures in a way that does not unreasonably burden the other party.
These actions may include, but are not limited to:

  • Referral to counseling, medical, and/or other healthcare services
  • Referral to the Employee Assistance Program
  • Referral to community-based service providers
  • Visa and immigration assistance
  • Student financial aid counseling
  • Education to the community or community subgroup(s)
  • Altering campus housing assignment(s)
  • Altering work arrangements for employees or student-employees
  • Safety planning
  • Providing campus safety escorts
  • Providing transportation accommodations
  • Implementing contact limitations (no contact orders) between the parties
  • Academic support, extensions of deadlines, or other course/program-related
    adjustments
  • Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
  • Timely warnings
  • Class schedule modifications, withdrawals, or leaves of absence
  • Increased security and monitoring of certain areas of the campus
  • Any other actions deemed appropriate by the EOC Coordinator

Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.

10. Emergency Removal

Hope College can act to remove a Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the EOC Coordinator in conjunction with the Coordinated Assistance Resource and Education (CARE) team using its standard objective violence risk assessment procedures.

In all cases in which an emergency removal is imposed, the student, employee, or two (2) representatives from a student organization will be given notice of the action and the option to request to meet with the EOC Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested in a timely manner, objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted to participate in this meeting if the EOC Coordinator determines it is equitable to do so. This section also applies to any restrictions that a coach or athletic administrator may place on a student-athlete arising from allegations related to Title IX. There is no appeal process for emergency removal decisions.

答辩人可由其选择的顾问陪同参加与EOC协调员举行的展示事业会议。答复人将在会议之前获得紧急撤除依据的书面摘要,以便做好充分准备。

在此政策下,EOC协调员拥有执行或撤销紧急解雇的全权裁量权,并决定条件和期限。违反本政策规定的紧急驱逐行为将被处以纪律处分,包括驱逐或终止。

世界杯荷兰vs厄瓜多尔走地希望学院将根据情况和安全考虑采取尽可能宽松的紧急措施。由EOC协调员决定,这些行动包括但不限于:将学生赶出宿舍,临时调派员工,限制学生或员工使用设施或设备,允许学生退学或参加不完整成绩而不受经济处罚,批准行政休假,暂停学生参加课外活动、学生就业、学生组织领导或校际/校内体育活动。

At the discretion of the EOC Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties.

11. Promptness

All allegations are acted upon promptly by Hope College once it has received notice or a formal complaint. Complaints can take 90 - 120 business days to resolve, typically. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but Hope College will avoid all undue delays within its control.

任何时候,希望学院程序中所述的解决问题的一般时间框架被延迟,学院将向各方提供书面通知,延迟的原因,以及预计因延迟而需要世界杯荷兰vs厄瓜多尔走地的额外时间的估计。

12. Privacy

Every effort is made by Hope College to preserve the privacy of reports.[4]世界杯荷兰vs厄瓜多尔走地希望书院不会与任何举报或投诉骚扰、歧视或报复的人士分享身分;任何投诉人、任何被举报为性别歧视实施者的个人、任何被告或任何证人,《家庭教育权利与隐私法案》(FERPA) 20 U.S.C. 1232g允许的除外;FERPA法规,34 CFR第99部分;或按法律要求;或执行《联邦法典》第34章第106部分的目的,包括根据这些政策和程序进行任何调查、聆讯或申诉程序。

Hope College reserves the right to designate which Hope College officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Only a small group of officials, if they are deemed to have a need to know, will be told about the complaint, which could include, but is not limited to: Hope College Police and the Threat Assessment Team. Information will be shared as necessary with Investigators, Hearing Panel members/Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.

Hope College may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will usually consult with the student first before doing so.

Employees: Several grant issuing organizations require the college to disclose any open investigations or disciplinary findings related to Title IX and/or other forms of discrimination during the grant application process. Consult Office of Sponsored Research and Programs regarding any grant terms for specific disclosures required.
Confidentiality and mandated reporting are addressed more specificallybelow.

13. Jurisdiction of Hope College

这一政策适用于希望学院的教育项目和活动,在希望学院拥有或控制的校园或财产中进行,在希望学院赞助的活动中,或在希望学院认可的学生世界杯荷兰vs厄瓜多尔走地组织拥有或控制的建筑中进行。受访者必须是希望学院社区的成员,其政策才能适用。世界杯荷兰vs厄瓜多尔走地世界杯英格兰队vs丹麦队足彩

这一政策也适用于校外的不当行为,有效地剥夺了一些人进入希望学院教育项目的机会。世界杯荷兰vs厄瓜多尔走地世界杯荷兰vs厄瓜多尔走地希望学院也可以将管辖权扩展到校外和/或在线行为,当EOC协调员确定行为影响到希望学院的实质利益。

Regardless of where the conduct occurred, Hope College will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial Hope College interest includes:

  1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;

  2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual;

  3. Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or

  4. Any situation that is detrimental to the educational interests or mission of Hope College.

If the Respondent is unknown or is not a member of the Hope College community, the EOC Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report.

Further, even when the Respondent is not a member of Hope College’s community, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the EOC Coordinator or Victim Advocate, Christian Gibson Townley (gibsonc@m.icarseries.com或616-395-7802)。

In addition, Hope College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from Hope College property and/or events.

所有通过第三方合同为希望学院提供服务的供应商都必世界杯荷兰vs厄瓜多尔走地须遵守其雇主的政策和程序。

当被投诉人在另一机构注册或受雇于另一机构时,EOC协调员可以协助投诉人与该机构的适当个人联络,因为有可能通过该机构的政策指控违规行为。

Similarly, the EOC Coordinator may be able to advocate for a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to Hope College where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give recourse to the Complainant.

14. Time Limits on Reporting

There is no time limitation on providing notice/complaints to the EOC Coordinator. However, if the Respondent is no longer subject to Hope College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.

对受时间影响较大的通知/投诉(包括但不限于政策的撤销或修订)采取行动由平等权利委员会协调员酌情决定,他可以记录指控供日后参考,提供支持措施和/或补救措施,以及/或酌情采取非正式或正式行动。

当通知/投诉受到重大时间延误的影响时,希望学院通常会适用被指控的不当行为时的政策和通知/投诉时的程序。世界杯荷兰vs厄瓜多尔走地

15. Online Harassment and Misconduct

The policies of Hope College are written and interpreted broadly to include online and cyber manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on the Hope College’s education program and activities or use Hope College networks, technology, or equipment.

虽然希望学院世界杯荷兰vs厄瓜多尔走地可能不会对网站、社交媒体等进行骚扰交流的场所进行控制,但当这些骚扰交流被上报给希望学院时,希望学院会采取各种手段来解决和缓解影响。

社区成员被鼓励成为良好的数字公世界杯英格兰队vs丹麦队足彩民,避免网络不当行为,如在匿名八卦网站上提供信息,通过snap或其他社交媒体分享不合适的内容,不受欢迎的色情短信,报复色情,侵犯隐私,或以其他方式利用互联网的传播便利和/或匿名或其他技术来伤害希望学院社区的其他成员。世界杯荷兰vs厄瓜多尔走地

16. Policy on Discriminatory Harassment

Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of discriminatory harassment. This policy addresses the unique environment of an academic community, which consists not only of employer and employees, but of students as well. This policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom.

以下章节描述了法律禁止的歧视和骚扰的具体形式,这些也是希望学院政策所禁止的。世界杯荷兰vs厄瓜多尔走地根据这项政策,禁止基于年龄、肤色、残疾、家庭状况、遗传信息、身高、国籍、怀孕、种族、宗教、性别或体重的歧视和骚扰,除非是真正的职业资格。When speech or conduct is protected by academic freedom, it will not be considered a violation of Hope College policy, though supportive measures will be offered to those impacted.

Acts of discrimination or harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved.

a.Discrimination

Discrimination includes actions that deprive or limit access to education, employment, benefits, or other opportunities and/or treat an individual differently on the basis of actual or perceived membership in a class protected by policy or law (as listed in the categories noted in this policy).

b.Harassment

Harassment based on any of the specific protected categories in this policy constitutes a form of discrimination that is prohibited by Hope College policy. Harassment under this section of the policy includes all forms of sexual, racial and other harassment, except for Title IX Sexual Harassment as defined below in Section 16.c. The term, Title IX Sexual Harassment, applies only to sexual harassment as defined in Section 16.c. that occurs in an education program or activity and against a person in the United States.

Harassment includes the offenses of sexual harassment (except for sexual harassment as defined by Section 16.c.), racial harassment, or any other form of harassment on the basis of actual or perceived membership in a class protected by policy or law (as listed in the categories noted in this policy), and is defined as:

Conduct based on a specific protected category that satisfies one or more of the following:

  1. Quid Pro Quo:
    1. an employee of Hope College,
    2. conditions the provision of an aid, benefit, or service of Hope College,
    3. on an individual’s participation in unwelcome sexual conduct and/or

  2. Hostile Environment
    1. unwelcome conduct,
    2. taken against a person on the basis of a protected category, and
    3. determined to be so severe, or
    4. pervasive, or
    5. persistent,
    6. that it effectively interferes with or denies an individual’s ability to participate in or benefit from Hope College’s education program or activity,[5]and/or

  3. Sexual assault, domestic violence, dating violence or stalking, as defined in Section 16.c.

Harassment may be in the form of verbal, written, graphic, or physical conduct.

Hope College does not tolerate harassment of any employee, student, visitor, or guest. Hope College will act to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a “hostile environment.” When harassment rises to the level of creating a hostile environment, Hope College may also impose sanctions on the Respondent through application of the appropriate grievance process below.

世界杯荷兰vs厄瓜多尔走地希望学院保留处理以下冒犯性行为和/或骚扰的权利:1)没有上升到制造敌对环境的水平;2)属于一般性质,不基于受保护状态。在希望学院的政策下,对此类行为的处理不会导致纪律的强制执行,但可以通过相互尊重的对话、补救行动、教育、正式解决和/或非正式解决机制来解决。世界杯荷兰vs厄瓜多尔走地
对于非正式解决方案的协助,员工应联系人力资源总监,学生应联系学生行为主管。

c.Title IX Sexual Harassment

Hope College has adopted the following definition of“Title IX Sexual Harassment”以符合2020年Title IX法规34 CFR 106.30规定的要求。不符合本节定义的性骚扰可以在第15条b项下处理。、骚扰。

Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:

Conduct on the basis of sex that satisfies one or more of the following:

  1. Quid Pro Quo:
    1. an employee of Hope College,
    2. conditions the provision of an aid, benefit, or service of Hope College,
    3. on an individual’s participation in unwelcome sexual conduct; and/or

  2. Sexual Harassment:
    1. unwelcome conduct,
    2. determined by a reasonable person,
    3. to be so severe, and
    4. pervasive, and,
    5. objectively offensive,
    6. 它实际上剥夺了一个人平等参与希望学院教育项目或活动的权利。世界杯荷兰vs厄瓜多尔走地[6]
  3. Sexual assault, defined as:
    1. Sex Offenses, Forcible:
      1. Any sexual act directed against another person,
      2. without the consent of the Complainant,
      3. including instances in which the Complainant is incapable of giving consent.
    2. Rape:
      1. Penetration,
      2. forcibly,
      3. no matter how slight,
      4. of the vagina or anus with any body part or object, or
      5. oral penetration by a sex organ of another person,
      6. without the consent of the Complainant.
    3. Sodomy:
      1. Oral or anal sexual intercourse with another person,
      2. forcibly,
      3. and/or without the consent of the Complainant, or
      4. not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age[7]or because of temporary or permanent mental or physical incapacity.
    4. Sexual Assault with an Object:
      1. The use of an object or instrument to unlawfully penetrate,
      2. however slightly,
      3. the genital or anal opening of the body of another person,
      4. forcibly,
      5. and/or against that person’s will (non-consensually),
      6. or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
    5. Fondling:
      1. The touching of the private body parts of another person (including genitalia, buttocks, groin, breasts),
      2. for the purpose of sexual gratification,
      3. forcibly,
      4. and/or against that person’s will (non-consensually),
      5. or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
    6. Other Sex Offenses:
      1. Incest:
        1. Non-forcible sexual intercourse,
        2. between persons who are related to each other,
        3. within the degrees wherein marriage is prohibited by MI law.
      2. Statutory Rape:
        1. Non-forcible sexual intercourse,
        2. with a person who is under the statutory age of consent of 16.
  4. Dating Violence, defined as:
    1. violence,
    2. on the basis of sex,
    3. committed by a person,
    4. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
      1. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
      2. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
      3. Dating violence does not include acts covered under the definition of domestic violence.
  5. Domestic Violence, defined as:
    1. violence,
    2. on the basis of sex,
    3. committed by a current or former spouse or intimate partner of the Complainant,
    4. by a person with whom the Complainant shares a child in common, or
    5. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
    6. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Michigan, or
    7. 任何其他人针对受密歇根家庭或家庭暴力法保护的成年人或青少年的行为。

      *被投诉人与投诉人之间的关系必须不只是两个人以室友的身份住在一起,才可归类为家庭暴力。The people cohabitating must be current or former spouses or have an intimate relationship.
  6. Stalking, defined as:
    1. engaging in a course of conduct,
    2. on the basis of sex,
    3. directed at a specific person, that
      1. would cause a reasonable person to fear for the person’s safety, or
      2. 他人的安全;or
      3. 遭受巨大的精神痛苦。

        For the purposes of this definition—
        (i) Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
        (ii) Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
        (iii)Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

d.Expectations regarding Unethical Relationships[8]

处于不平等地位的个人(如教师和学生或主管和员工)之间的任何恋爱或性关系都存在固有的风险。事实上,这些关系可能不像那些地位赋予权力或权威的人所认为的那样是双方同意的。同样,双方也可以以不同的方式看待这种关系,特别是在回顾过去时。环境可能会改变,曾经受欢迎的行为可能在关系的某个时刻变得不受欢迎。

即使双方最初同意发生浪漫或性行为,后来仍有可能指控违反相关政策。世界杯荷兰vs厄瓜多尔走地希望学院不希望干涉个人关系的选择,只要这些关系不影响希望学院的目标和政策。然而,为了保护社区成员的个人利益,权力差异是固有的关系(例如,教师-学生,教职工-学生)通常是不被鼓励的。世界杯英格兰队vs丹麦队足彩他们也可能违反专业标准和/或职业道德。

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or otherwise evaluative role over the other party are inherently problematic. Therefore, persons with direct supervisory or otherwise evaluative responsibilities who are involved in such relationships must bring these relationships to the timely attention of their supervisor, Human Resources and/or the EOC Coordinator. The existence of this type of relationship will likely result in removing the supervisory or evaluative responsibilities from the employee or shifting a party from being supervised or evaluated by someone with whom they have established a consensual relationship. When an affected relationship existed prior to adoption of this policy, the duty to notify the appropriate supervisor still pertains.

This type of relationship includes Resident Advisors (RAs) and students over whom the RA has direct responsibility. While no relationships are prohibited by this policy, failure to timely self-report such relationships to a supervisor as required can result in disciplinary action for an employee. The EOC Coordinator will determine whether to refer violations of this provision to Human Resources for resolution, or to pursue resolution under this Policy, based on the circumstances of the allegation.

Hope College reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any offense under this policy.

e.Force, Coercion, Consent, and Incapacitation[9]

As used in the offenses above, the following definitions and understandings apply:

Force:武力是使用身体暴力和/或身体强迫来获得性接触。武力还包括威胁、恐吓(暗含的威胁)和旨在克服抵抗或获得同意的胁迫(例如,“和我发生性关系,否则我就打你”,“好吧,别打我,我会照你说的做”)。

根据定义,强迫性行为是非自愿的,但非自愿的性行为不一定是强迫性的。沉默或没有反抗本身就不是同意。没有反抗并不表示同意。虽然抵抗不是必需的,也不是必要的,但这是不同意的明确表现。

Coercion:Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Consent is:

  • knowing, and
  • voluntary, and
  • clear permission
  • by word or action
  • to engage in sexual activity.

由于个人可能会以不同的方式体验相同的互动,所以双方有责任在参与活动之前确定对方是否同意。

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.

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. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.

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

同意或不同意的证明对事件中的任何一方都不构成负担。相反,确定其政策是否被违反的重担仍落在了希望学院身上。世界杯荷兰vs厄瓜多尔走地同意的存在是基于在相同或相似的情况下,从一个理性人的角度评估的所有情况,包括指称的事件发生的背景和任何可以证明的类似的、以前的模式。

关系中的同意也必须考虑到上下文。When parties consent to BDSM[10]or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual, so Hope College’s evaluation of communication in kink situations should be guided by reasonableness, rather than strict adherence to policy that assumes non-kink relationships as a default.

Incapacitation:A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent.

It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard which assumes that a reasonable person has the capacity to and is exercising sound judgment.

当一个人因为缺乏给予知情/知情同意的能力(例如,理解他们的性互动的“谁、什么、何时、何地、为什么或如何”)而无法做出理性、合理的决定时,就会出现行为能力丧失。

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.

f.Other Discrimination and Harassment Prohibited by This Policy

世界杯荷兰vs厄瓜多尔走地希望学院还禁止下列歧视行为,这些行为是基于投诉人实际或被认为是受保护阶层的成员。

  • Sexual Exploitation, defined as: taking non-consensual or abusive sexual advantage of
    另一个为自己的利益或任何人的利益,而不是被剥削的人,该行为不构成本政策下的性骚扰。Examples of Sexual Exploitation include, but are not limited to:
    • Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
    • Invasion of sexual privacy.
    • Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of revenge pornography
    • Prostituting another person
    • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection
    • Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
    • Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections
    • Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
    • Knowingly soliciting a minor for sexual activity
    • Engaging in sex trafficking
    • Creation, possession, or dissemination or child pornography

  • Threatening or causing physical harm, extreme verbal, emotional, or psychological abuse, or other conduct which threatens or endangers the health or safety of any person;

  • Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;

  • Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the Hope College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity;

  • Bullying, defined as:
    • Repeated and/or severe
    • Aggressive behavior
    • Likely to intimidate or intentionally hurt, control, or diminish another person, physically and/or mentally

如果违反任何其他希望大学政策的动机是受保护阶层世界杯荷兰vs厄瓜多尔走地的实际或感知成员资格,其结果是歧视性限制或拒绝就业或教育机会、福利或机会,则可能构成公民权利侵犯。

对上述侵犯公民权利行为的处罚范围从训斥到驱逐/终止。

17. Retaliation

Protected activity under this policy includes reporting an incident that may implicate this policy, participating in a grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.

Acts of alleged retaliation should be reported immediately to the EOC Coordinator and will be promptly investigated. Hope College is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

It is prohibited for Hope College or any member of Hope College’s community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.

对个人违反行为守则的指控,如果不涉及歧视或骚扰,但由于与歧视或性骚扰的报告或投诉相同的事实或情况而产生,目的是干扰第九条保障的任何权利或特权,则构成报复。根据本政策和程序,指控个人在申诉过程中恶意作出重大虚假陈述而违反行为守则,并不构成报复,但仅凭责任认定不足以断定任何一方作出重大虚假陈述是出于恶意。

18. Mandated Reporting

All Hope College employees (faculty, staff, administrators) are expected to report actual or suspected discrimination or harassment to appropriate officials immediately, though there are some limited exceptions.

为了做出明智的选择,在咨询校园资源时,了解机密性和强制性报告要求是很重要的。在校园里,一些资源可能会保密,不要求报告实际的或疑似的歧视或骚扰。他们可以提供选择和资源,而没有义务通知外部机构或校园官员,除非投诉人要求共享信息。

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will pass reports to the EOC Coordinator (and/or police, if desired by the Complainant) within 24 hours, who will take action when an incident is reported to them.

The following sections describe the reporting options at Hope College for a Complainant or third-party (parties):

a.Confidential Resources

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with:

  • On-campus Victim Advocate
  • On-campus licensed professional counselors and staff (CAPS)
  • On-campus Health Center providers and staff
  • On-campus Campus Ministries staff
  • Off-campus (non-employees):
    • Licensed professional counselors and other medical providers
    • Local rape crisis counselors (Resilience)
    • Domestic violence resources
    • Local or state assistance agencies
    • Clergy/Chaplains
    • Attorneys

上述所有个人在持牌、职业操守及/或专业证书范围内行事时,均须保密,但即时受到威胁或危险、或虐待未成年人/长者/残疾人士的极端情况,或法律或法庭命令要求披露的情况除外。

希望咨询和心理服务中心为全日制入学的学位申请者提供免费的咨询服务,包括在正常工作时间处理危机情况。对于在正常营业时间以外发生的危机,学生可以通过拨打CAPS电话号码(616-395-7945)获得行为健康服务,在那里他们将立即与心理健康顾问联系。

The Employee Assistance Program is available to help free of charge and may be consulted during normal business hours.

b.Mandated Reporters and Formal Notice/Complaints

All employees of Hope College (including RAs), with the exception of those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the EOC Coordinator all known details of a report made to them in the course of their employment.

即使投诉人或第三方没有向员工报告,员工也必须及时分享其所观察或了解的本政策下行为的所有细节。

Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the EOC Coordinator.

一般而言,在气候调查、课堂写作作业或讨论、人类主题研究或“夺回夜晚”游行或公开发言等活动中披露的信息不提供员工必须向协调员报告的通知,除非投诉人明确表示希望提交报告或寻求希望学院的具体回应。世界杯荷兰vs厄瓜多尔走地

在没有正式的希望学院行动的情况下,这样的披露可能会提供支持措施。世界杯荷兰vs厄瓜多尔走地

如上述章节所述,当被要求报告骚扰或歧视事件时,如果他们意识到这是违反了希望学院的政策,并可能因不遵守而受到纪律处分。世界杯荷兰vs厄瓜多尔走地

虽然这似乎是显而易见的,但当“强制报告者”从事骚扰或其他违反这一政策的行为时,他们仍然有义务报告自己的不当行为,尽管从技术上讲,如果骚扰者也是“强制报告者”,希望学院是不会注意到的,除非骚扰者确实报告了自己。世界杯荷兰vs厄瓜多尔走地

Finally, it is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this policy is not required to report their own experience, though they are, of course, encouraged to do so.

c.Anonymous Notice to Mandated Reporters

At the request of a Complainant, notice may be given by a Mandated Reporter to the EOC Coordinator anonymously, without identification of the Complainant. The Mandated Reporter cannot remain anonymous themselves.

If a Complainant has requested that a Mandated Reporter maintain the Complainant’s anonymity, the Mandated Reporter may do so unless it is reasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter will consult with the EOC Coordinator on that assessment without revealing personally identifiable information.

Anonymous notice will be investigated by the Hope College to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided.

However, anonymous notice typically limits the Hope College’s ability to investigate, respond, and provide remedies, depending on what information is shared.
When a Complainant has made a request for anonymity, the Complainant’s personally identifiable information may be withheld by a Mandated Reporter[11], but all other details must be shared with the EOC Coordinator.

19. Federal Statistical Reporting Obligations

Mandated Reporters are also deemed Campus Security Authorities – meaning they have a duty to report all crimes they are made aware of to Campus Safety for federal statistical reporting purposes, as required by the Clery Act.

All personally identifiable information is kept private, but statistical information must be passed along to Campus Safety regarding the type of incident, the date and its general location for publication in the Annual Security Report and daily campus crime log. Issues of sexual assault and/or VAWA[12]based crimes that are reported to the EOC Coordinator will be shared with Campus Safety by that office.

20. Federal Timely Warning Obligations

Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that under the Clery Act, Hope College must issuetimely warningsfor incidents reported to them that pose a serious or continuing threat of bodily harm or danger to members of the campus community.

世界杯荷兰vs厄瓜多尔走地希望学院将确保投诉人的姓名和其他身份信息不被披露,同时仍然为社区成员提供足够的信息,以根据潜在的危险作出安全决定。世界杯英格兰队vs丹麦队足彩

21. When a Complainant Does Not Wish to Proceed

If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal complaint to be pursued, they may make such a request to the EOC Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law.

The EOC Coordinator has ultimate discretion over whether Hope College proceeds when the Complainant does not wish to do so, and the EOC Coordinator may sign a formal complaint to initiate a grievance process upon completion of an appropriate violence risk assessment.

The EOC Coordinator’s decision should be based on results of the violence risk assessment that show a compelling risk to health and/or safety that requires Hope College to pursue formal action to protect the community.

不当行为、掠夺行为、威胁、虐待未成年人、使用武器和/或暴力模式的证据可能会对健康和/或安全造成重大风险。世界杯荷兰vs厄瓜多尔走地不管投诉人的意愿如何,希望学院可能会被迫对员工的不当行为采取行动。

The EOC Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and Hope College’s ability to pursue a Formal Grievance Process fairly and effectively.

当EOC协调员执行书面投诉时,他们不成为投诉人。投诉人是被指控为违反本政策行为的受害者的个人。

When Hope College proceeds, the Complainant (or their Advisor) may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation.

请注意,如果投诉人不世界杯荷兰vs厄瓜多尔走地希望希望学院进行调查和/或申诉程序,希望学院补救和回应通知的能力可能会受到限制。目的是让投诉人尽可能多地控制这个过程,同时平衡希望学院保护其社区的义务。世界杯荷兰vs厄瓜多尔走地世界杯英格兰队vs丹麦队足彩

如果投诉人要求保密/不采取正式行动,且情况允许希望学院尊重该要求,希望学院将向投诉人和社区提供非正式解决方案(见下文)、支持性措施和补救措施,但不采取其他正式行动。世界杯荷兰vs厄瓜多尔走地世界杯英格兰队vs丹麦队足彩

如果投诉人选择不采取任何行动,如果他们决定晚些时候提出正式投诉,他们可以改变该决定。在提出正式投诉后,投诉人有权并且可以期望希望学院认真对待投诉,并通过这些程序对事件进行调查和妥善解决。世界杯荷兰vs厄瓜多尔走地

22. False Allegations and Evidence

Deliberately false and/or malicious accusations under this policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action.

Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under Hope College policy.

23. Amnesty for Complainants and Witnesses

The Hope College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to Hope College officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

投诉人选择向希望学院的官员报告不当行为,证人站出来分享他们所知道的情况世界杯荷兰vs厄瓜多尔走地世界杯英格兰队vs丹麦队足彩,以及在这个过程中各方都要坦诚,这符合希望学院的最大利益。

To encourage reporting and participation in the process, Hope College maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident.

Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to the Respondent with respect to a Complainant.

Students:有时,学生们会犹豫是否要帮助他人,因为他们担心自己可能会惹上麻烦(例如,一个饮酒或使用大麻的未成年学生可能会犹豫是否要帮助一个经历过不正当性行为的人去校园安全中心)。

Hope College maintains a policy of amnesty for students who offer help to others in need. While in some circumstances policy violations cannot be overlooked, Hope College may provide purely educational options with no official disciplinary finding, rather than punitive sanctions, to those who offer their assistance to others in need.

24. Disabilities Accommodation in the Resolution Process

Hope College is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the resolution process at Hope College. Anyone needing such accommodations or support should contact the Director of Disability and Accessibility Resources (DAR) or the Director of Human Resources, who will review the request and, in consultation with the person requesting the accommodation, and the EOC Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.

25. Revision

这些政策和程序将由EOC协调员定期审查和更新。希望学院世界杯荷兰vs厄瓜多尔走地保留对该文件进行必要修改的权利,一旦这些修改发布在网上,它们就会生效。

EOC协调员可以对这些程序做出微小的修改,但不会对任何一方的公平性造成重大损害,例如调整夏季日程。在确定法律或法规的变更需要政策或程序的变更时,EOC协调员也可以通过通知(在希望学院的网站上,并确定适当的生效日期)对程序进行重大更改,而该政策和程序没世界杯荷兰vs厄瓜多尔走地有反映在本政策和程序中。

如果政府法规发生了影响本文档的变化,则本文档将被解释为符合最新的政府法规。

本政策不确定学院与任何个人(包括学生和员工)之间的全部或部分合同权利。

This Policy and procedures are effective August 14, 2020.

APPENDIX A: PROCESS A
GRIEVANCE PROCESS FOR ALLEGED VIOLATIONS OF THE POLICY ON EQUAL OPPORTUNITY, HARASSMENT, AND NONDISCRIMINATION

(not including allegations ofTitle IX Sexual Harassment, which is addressed in Process B)

Hope College will act on any allegation or notice of violation of the policy on Equal Opportunity, Harassment and Nondiscrimination that is received by the EOC Coordinator[13]或管理人员、教师或其他员工,但上述政策中所述的机密资源除外。世界杯荷兰vs厄瓜多尔走地希望学院将根据这一政策提供一个迅速和公平的解决方案。

The procedures described below apply to all allegations of harassment or discrimination on the basis of protected class status involving students, staff, faculty members, or third parties. The procedures below do not apply to qualifying allegations of Title IX Sexual Harassment, as defined in Section 16.c. (including sexual assault, dating violence, domestic violence, and stalking, as defined above) involving students, staff, administrator, or faculty members.

These procedures may also be used to address collateral misconduct arising from the investigation of or occurring in conjunction with harassing or discriminatory conduct (e.g., vandalism, physical abuse of another). All other allegations of misconduct unrelated to incidents covered by this policy will be addressed through the procedures elaborated in the respective student, faculty, and staff handbooks.

1. Initial Assessment

Following intake, receipt of notice, or a complaint of an alleged violation of Hope College’s nondiscrimination Policy, the EOC Coordinator[14]engages in an initial assessment, which is typically one to five business days in duration. The steps in an initial assessment can include:

  • EOC协调员向投诉人提供支持措施。
  • The EOC Coordinator works with the Complainant to ensure they have an Advisor.
  • The EOC Coordinator works with the Complainant to determine whether the Complainant prefers a supportive and/or remedial response or a Formal Resolution.
    • 如果一个支持性和补救性的回应是首选,EOC协调员与投诉人一起确定他们的愿望,然后寻求促进实施。正式解决程序尚未启动,但投诉人可以根据需要选择晚些时候启动。
    • 如果选择非正式解决方案,EOC协调员会评估投诉是否适合采用非正式解决方案,哪种非正式机制可能最适合该情况或可用,并可能寻求确定被投诉人是否也愿意采用非正式解决方案。
    • If Formal Resolution is preferred, the EOC Coordinator initiates the investigation process and determines whether the scope of the investigation will address:
      • Incident, and/or
      • A potential pattern of misconduct, and/or
      • 一种文化/气候问题。
  • 在许多情况下,EOC协调员可能会决定暴力风险评估(VRA)应该由协调援助资源和教育(CARE)团队进行,作为初始评估的一部分。A VRA can aid in nine critical and/or required determinations, including:
    • Interim suspension of a Respondent who is a threat to health/safety;
    • Whether the EOC Coordinator should pursue Formal Resolution absent a willing/able Complainant;
    • Whether to put the investigation on the footing of incident and/or pattern and/or climate;
    • To help identify potentially predatory conduct;
    • To help assess/identify grooming behaviors;
    • Whether a complaint is amenable to Informal Resolution, and what modality may be most successful;
    • Whether to permit a voluntary withdrawal by the Respondent;
    • Assessment of appropriate sanctions/remedies;
    • Whether a Clery Act Timely Warning/Trespass order/Persona-non-grata is needed.

Based on the initial assessment, Hope College will initiate one of two responses:

  • 非正式解决——通常用于较轻的违法行为,只有当各方同意解决,或被投诉人愿意承担违反政策的责任。这还可以包括仅补救的响应。
  • 正式决议-对违反政策的调查和建议的发现,由受过培训的教职员工和/或外部承包商组成的“资源池”的决策者作出决定,并有机会向上诉委员会提出上诉。

调查和随后的正式决议决定是否违反了非歧视政策。If so, Hope College will promptly implement effective remedies designed to end the discrimination, prevent recurrence, and address the effects.

The process followed considers the preference of the parties but is ultimately determined at the discretion of the EOC Coordinator. At any point during the initial assessment or formal investigation, if the EOC Coordinator determines that the evidence establishes that, even if true, the allegation would not violate the policy, the process will end and the complainant or allegation therein will be dismissed, and the parties will be notified.

The Complainant may request that the EOC Coordinator review the dismissal determination and/or re-open the investigation. This decision lies in the sole discretion of the EOC Coordinator, but the request is usually only granted in extraordinary circumstances.

2. Grievance Process Pool

The grievance processes rely on a pool of officials (“Pool”) to carry out the process. Members of the Pool are announced in an annual distribution of this Policy to all students and their parents/guardians, employees, prospective students, and prospective employees.

The list of members and a description of the Grievance Process Pool can be found athopecollege.edu/titleix. Members of the Pool are trained annually in all aspects of the resolution process and can serve in any of the following roles, at the direction of the EOC Coordinator:

  • To provide sensitive intake for and initial advice pertaining to the allegations
  • To act as optional process Advisors to the parties
  • To facilitate Informal Resolution
  • To investigate allegations
  • To serve as a Decision-maker
  • To serve on an Appeal Panel

The EOC Coordinator appoints the Pool, which acts with independence and impartiality.

Pool members receive annual training organized by the EOC Coordinator or designee, including a review of Hope College policies and procedures as well as applicable federal and state laws and regulations so that they are able to appropriately address allegations, provide accurate information to members of the community, protect safety, and promote accountability.

Pool成员每年接受针对其角色的培训。This training includes, but is not limited to:

  • The scope of the Hope College’s Discrimination and Harassment Policy and Procedures
  • How to conduct investigations and hearings that protect the safety of Complainants and Respondents and promote accountability
  • Implicit bias
  • Disparate treatment and impact
  • Reporting, confidentiality, and privacy requirements
  • Applicable laws, regulations, and federal regulatory guidance
  • How to implement appropriate and situation-specific remedies
  • How to investigate in a thorough, reliable, and impartial manner
  • How to uphold fairness, equity, and due process
  • How to weigh evidence
  • How to conduct questioning
  • How to assess credibility
  • Impartiality and objectivity
  • Types of evidence
  • Deliberation
  • How to render findings and generate clear, concise, evidence-based rationales
  • The definitions of all offenses
  • How to apply definitions used by the Hope College with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with policy
  • How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes
  • How to serve impartially, by avoiding prejudgment of the facts at issue, conflicts of interest, and bias
  • Any technology to be used
  • Issues of relevance of questions and evidence
  • Issues of relevance to create an investigation report that fairly summarizes relevant evidence
  • How to determine appropriate sanctions in reference to all forms of harassment and discrimination allegations

Specific training is also provided for Appeal Decision-makers, intake personnel, and Advisors.

The Pool typically includes:

  • At least 8-10 members of the staff
  • At least 8-10 members of the faculty

Pool members are usually appointed to a minimum of a three-year term, with the opportunity to serve consecutive terms if mutually agreed upon. Appointments to the pool should be made with attention to a broad representation of the campus community. Individuals who are interested in serving in the pool are encouraged to contact the EOC Coordinator.

3. Counterclaims

被申请人的反诉可能出于善意,但有时也会出于报复的目的。世界杯荷兰vs厄瓜多尔走地希望学院有义务确保任何程序不被用于报复目的。

Hope College permits the filing of counterclaims, but uses the initial assessment, described above in the Policy section, to assess whether the allegations are made in good faith. If they are, the allegations will be processed using the resolution procedures below, typically after resolution of the underlying allegation.

因此,允许延迟处理反诉。偶尔,指控和反诉可以通过同一调查解决,在平等权利委员会协调员的裁量权。When counterclaims are not made in good faith, they will be considered retaliatory, and may constitute a violation of this Policy.

4. Advisors

a.Expectations of an Advisor

Hope College generally expects an Advisor to adjust their schedule to allow them to attend Hope College meetings when planned, but Hope College may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

世界杯荷兰vs厄瓜多尔走地希望学院也可以做出合理的规定,允许不能亲自出席会议的顾问通过电话、视频会议或其他方便可用的类似技术参加会议。

Parties whose Advisors are disruptive or who do not abide by Hope College policies and procedures may face the loss of that Advisor and/or possible Policy violations.

指导老师需要在不干扰希望学院会议或面试的情况下咨询他们的指导老师。世界杯荷兰vs厄瓜多尔走地顾问不代表该过程中的各方;他们的作用只是提供建议。

b.Expectations of the Parties with Respect to Advisors

Each party may choose an Advisor[15]who is eligible to accompany them throughout the process. The Advisor can be anyone, including an attorney, but should not be someone who is also a witness in the process. A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout.

各方应在其与调查人员的第一次会议日期至少两(2)个工作日前告知调查人员其顾问的身份(如果需要或希望召开更快速的会议,则应尽快通知)。

The parties are expected to provide timely notice to the Investigator(s) and/or the EOC Coordinator if they change Advisors at any time.

根据一方的书面要求,希望学院将复制学院与该方之间的所有通信。世界杯荷兰vs厄瓜多尔走地顾问可能会被要求签署关于私人、敏感记录的保密协议(NDA)。

At the discretion of the EOC Coordinator, more than one Advisor may be permitted to the parties, upon request. For equity purposes, if one party is allowed another Advisor, the other party must be allowed one to as well.

c.Assistance in Securing an Advisor

For representation, Respondents may wish to contact organizations such as:

Complainants may wish to contact organizations such as:

5. Resolution Options

Proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accord with Hope College Policy.

虽然在采访中讨论的内容会涉及隐私,但双方可以自行决定是否与他人分享自己的经历,如果他们愿意这样做,但我们鼓励他们在这样做之前先与顾问讨论。

a.Informal Resolution

当当事人自愿同意通过调解、便利、恢复惯例或其他形式的非正式解决方式来解决问题时,或当被投诉人接受违反政策的责任时,或当EOC协调员通过提供补救措施来解决问题时,非正式解决方式适用。

It is not necessary to pursue Informal Resolution first in order to pursue Formal Resolution, and any party participating in Informal Resolution can stop the process at any time and request the Formal Resolution process. Further, if an Informal Resolution fails after the fact, Formal Resolution may be pursued.

Informal Resolution is a process, such as mediation or restorative practices, by which a mutually agreed upon resolution of an allegation is reached. It may be used for less serious, yet inappropriate, behaviors and is encouraged as an alternative to the Formal Resolution process (described below) to resolve conflicts. The parties must consent to the use of Informal Resolution.

EOC协调员根据当事人的意愿、争议行为的性质以及该行为对非正式决议的敏感性来决定非正式决议是否合适。

在非正式决议会议中,如果可能的话,训练有素的管理员将促进与各方进行对话,以达成有效的解决方案。由于非正式决议程序的结果,不可能实行制度制裁,尽管各方可能同意接受制裁和/或适当的补救措施。

The EOC Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution can result in appropriate enforcement actions.

Informal Resolution is not typically the primary resolution mechanism used to address reports of violent behavior of any kind or in other cases of serious violations of policy, though it may be made available after the Formal Resolution process is completed should the parties and the EOC Coordinator believe it could be beneficial. The results of Informal Resolution are not appealable.

i.Respondent Accepts Responsibility for Alleged Violations

The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent accepts responsibility, the EOC Coordinator makes a determination that the individual is in violation of Hope College Policy.

The EOC Coordinator then determines appropriate sanction(s) or responsive actions, which are promptly implemented in order to effectively stop the harassment, discrimination, and/or retaliation; prevent its recurrence; and remedy the effects of the conduct, both on the Complainant and the community.

If the Respondent accepts responsibility for all of the alleged policy violations and the EOC Coordinator or designee has determined appropriate sanction(s) or responsive actions, which are promptly implemented, the process is over. The Complainant will be informed of this outcome.

如果被投诉人对一些涉嫌违反政策的行为承担责任,并且EOC协调员已经确定了适当的制裁或回应行动,并迅速实施,那么剩余的指控将继续调查和解决。投诉人将被告知这一结果。双方仍然能够寻求非正式解决剩余的指控,受上述规定。

ii.Negotiated Resolution

The EOC Coordinator, with the consent of the parties, may negotiate and implement any agreement to resolve the allegations that satisfies all parties and Hope College.

b.Formal Resolution

Formal Resolution can be pursued for any behavior for which the Respondent has not accepted responsibility that constitutes conduct covered by the Equal Opportunity, Harassment, and Nondiscrimination Policy at any time during the process. Formal Resolution will be provided in a prompt and equitable manner. Formal Resolution includes a thorough, reliable, and impartial investigation.

如果正式决议启动,EOC协调员将在调查期间的适当时间向各方提供调查的书面通知。通常情况下,面试通知会在面试前至少24小时发出。提前通知有助于双方识别和选择顾问(如果有的话)陪同他们参加面试。

Notification will include a meaningful summary of the allegations, will be made in writing, and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official Hope College records, or emailed to the parties’ Hope College-issued or designated email account.

一旦邮寄、电子邮件和/或亲自收到,通知将被推定为送达。通知应包括据称违反的政策(如果当时知道的话)。或者,被指控违反的政策可以在晚些时候以书面形式提供,随着调查的进展,细节变得更加清楚。

Hope College aims to complete all investigations within a ninety (90) to one-hundred-twenty (120) business day time period, which can be extended as necessary for appropriate cause by the EOC Coordinator, with notice to the parties as appropriate.

Once the decision is made to commence a formal investigation, the EOCC Coordinator typically appoints the Hope College Equal Opportunity and Title IX Investigator to conduct the investigation. However, if deemed necessary, it is also possible the EOCC Coordinator could assign one of the following to the investigation: an outside contractor/attorney or a team of two members of the Pool. This will usually occur within two to five (2-5) business days of determining that an investigation should proceed.

Hope Colleges strives to complete investigations expeditiously, normally within thirty (30) business days, though some investigations take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.

Hope College will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

世界杯荷兰vs厄瓜多尔走地当执法部门正在调查与Hope学院解决方案相同的行为相关的刑事指控时,Hope学院可能会对其调查进行短暂的延迟(几天到几周,以便收集证据)。世界杯荷兰vs厄瓜多尔走地一旦执法部门通知,希望学院将立即恢复调查和解决程序,初步的证据收集过程已完成。

Hope College action(s) are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

调查包括与所有相关方和证人面谈,获得可用的相关证据,并根据需要确定专家信息的来源。

All parties have a full and fair opportunity, though the investigation process, to suggest witnesses and questions, to provide evidence, and to fully review and respond to all evidence, on the record.

6. Investigation

The Investigator(s) typically takes the following steps, if not already completed (not necessarily in this order):

  • Determine the identity and contact information of the Complainant
  • In coordination with campus partners (e.g., the EOC Coordinator), initiate or assist with any necessary supportive measures
  • Identify all policies implicated by the alleged misconduct
  • Assist the EOC Coordinator with conducting an initial assessment to determine if there is reasonable cause to believe the Respondent has violated policy
  • If there is insufficient evidence to support reasonable cause, the process is closed with no further action
  • Commence a thorough, reliable, and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all parties and witnesses
  • Meet with the Complainant to finalize their statement, if necessary
  • 在初步评估的基础上准备初步调查通知和指控(NOIA)。通知可能是一个步骤,也可能是多个步骤,这取决于调查的展开情况,随着了解到更多情况,可能会增加或删除潜在的政策违规。调查人员将相应地更新NOIA并将其提供给双方。
  • Notice should inform the parties of their right to have the assistance of a Pool member as a process Advisor appointed by the Hope College or other Advisor of their choosing present for all meetings attended by the advisee
  • When formal notice is being given, it should provide the parties with a written description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential sanctions/responsive actions that could result
  • Give an instruction to the parties to preserve any evidence that is directly related to the allegations
  • Provide the parties and witnesses with an opportunity to review and verify the Investigator’s summary notes from interviews and meetings with that specific party or witness
  • Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible
  • Interview all relevant individuals and conduct follow-up interviews as necessary
  • Allow each party the opportunity to suggest questions they wish the Investigator(s) to ask of the other party and witnesses
  • Complete the investigation promptly and without unreasonable deviation from the intended timeline
  • Provide regular status updates to the parties throughout the investigation
  • Prior to the conclusion of the investigation, summarize for the parties the list of witnesses whose information will be used to render a finding
  • Write a comprehensive investigation report fully summarizing the investigation and all evidence
  • Provide parties with a copy of the draft investigation report when it is completed, including all relevant evidence, analysis, credibility assessments, and recommended finding(s)
  • Provide each party with a full and fair opportunity to respond to the report in writing within five (5) days and incorporate that response into the report
  • Investigators may choose to respond in writing in the report to the responses of the parties, and/or to share the responses between the parties for their responses, while also ensuring that they do not create a never-ending feedback loop
  • Share the report with the EOC Coordinator or legal counsel for review and feedback.
  • 向EOC协调员提交最终报告,并根据大量证据向决策者提出建议,确定政策违反是否更有可能发生。
  • Provide the final report to the EOC Coordinator. Recommend to the EOC Coordinator a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not).

7. Determination

Within two to three days of receiving the Investigator’s recommendation, the EOC Coordinator will designate a three-member panel from the Pool to serve as Decision-makers. They will review the report and all responses, and then make the final determination on the basis of the preponderance of the evidence.

If the record is incomplete, the EOC Coordinator and/or Decision-makers may direct a re-opening of the investigation, or may direct or conduct any additional inquiry necessary, including informally meeting with the parties or any witnesses, if needed.

应强烈考虑调查的建议,但对决策者没有约束力。如果有适当的制裁措施,决策者可以考虑来自各方的影响声明。

The EOC Coordinator then provides the parties with a written Notice of Outcome in a timely manner to include findings, any sanction(s), and a detailed rationale, delivered simultaneously (without undue delay) to the parties

8. Additional Details of the Investigation Process

a.Witness responsibilities

希望希望学院的教职员工作为见证人(有别于当事人)配合并参与希望学院的调查和解决过程。世界杯荷兰vs厄瓜多尔走地

b.Remote processes

Parties and witnesses may be interviewed remotely by phone, video conferencing, or similar technologies if the Investigator(s) or Decision-maker determine that timeliness or efficiency dictates a need for remote interviewing. Witnesses may also provide written statements in lieu of interviews, or respond to questions in writing, if deemed appropriate by the Investigator(s), though this approach is not ideal. Where remote technologies are used, the Hope College makes reasonable efforts to ensure privacy, and that any technology does not work to the detriment of any party or subject them to unfairness.

c.Recording

No unauthorized audio or video recording of any kind is permitted during the resolution process. If Investigator(s) elect to audio and/or video record interviews, all involved parties must be made aware of audio and/or video recording.

d.Evidence

任何相关和可信的证据都可以被考虑,包括个人以前的不当行为历史以及表明不当行为模式的证据。该程序应排除无关的或非实质性的证据,并可能无视缺乏可信度或存在不当偏见的证据。

e.Sexual history/patterns

除非EOC协调员认为这是适当的,否则调查和裁定不考虑:(1)与可能的违规没有直接关系的事件,除非它们证明了一种模式;(2)双方的性历史(尽管双方之间的性历史可能有一个有限的例外);or (3) the character of the parties.

f.Previous allegations/violations

While previous conduct violations by the Respondent are not generally admissible as information supporting the current allegation, the Investigator(s) may supply the EOC Coordinator with information about previous good faith allegations and/or findings, when that information suggests potential pattern and/or predatory conduct.

Previous disciplinary action of any kind involving the Respondent may be considered in determining the appropriate sanction(s), if the Hope College uses a progressive discipline system.

g.Notification of outcome

如果被投诉人承认有违规行为,或被发现有违规行为,决策者在与其他适当的管理者协商后,决定制裁和/或回应行动,并迅速实施,以有效地阻止骚扰、歧视和/或报复;防止其复发;以及补救歧视行为对投诉人和社会的影响。世界杯英格兰队vs丹麦队足彩

EOC协调员在决议后的两到三个工作日内通知双方决定,最好是同时通知,但两次通知之间不存在显著的时间延迟。通知以书面形式发出,可通过下列一种或多种方式送交:亲自送达;邮寄至希望学院官方记录中写明的双方当地或永久地址;世界杯荷兰vs厄瓜多尔走地或通过电子邮件发送到双方希望学院发行或指定的电子邮件帐世界杯荷兰vs厄瓜多尔走地户。一旦通过邮寄、电子邮件和/或亲自收到通知,就可以推定通知已经送达。

结果通知明确了每一个被指控的政策违规的结果,根据州或联邦法律,希望学院被允许分享的任何制裁(s),以及支持重要结果的理由,在州或联邦法律允许分享的范围内。世界杯荷兰vs厄瓜多尔走地

The notice will detail when the determination is considered final and will detail any changes that are made prior to finalization.

Unless based on an acceptance of violation by the Respondent, the determination may be appealed by either party. The Notification of Outcome also includes the grounds on which the parties may appeal and the steps the parties may take to request an appeal of the findings. More information about the appeal procedures can be found insection 11below.

9. Sanctions

Factors considered when determining any sanction(s)/responsive action(s) may include, but are not limited to:

  • The nature, severity of, and circumstances surrounding the violation
  • An individual’s disciplinary history
  • Previous allegations or allegations involving similar conduct
  • The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
  • 有必要采取制裁/回应行动,以防止今后再次发生歧视、骚扰和/或报复
  • The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
  • The impact on the parties
  • Any other information deemed relevant by the EOC Coordinator

The sanction(s) will be implemented as soon as is feasible. The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed by outside authorities.

a.Student Sanctions

The following are the usual sanctions that may be imposed upon students or organizations singly or in combination:

Primary sanctions include:

  • Letter of Warning一份正式的警告信放在学生的司法档案里。
  • Probation Level I:试用期有一定的期限。If an individual is found in violation of any College policy during that time, a more serious sanction will be imposed.
  • Probation Level II:试用期有一定的期限。试用期二级的学生可能会被免除学生组织的领导职务。任何违反这一等级的学生将会受到更严重的处罚,通常是停学。缓刑二级的学生可能不被允许参加学院附属的旅行(例如,春假浸入式旅行,海外学习经历等)和/或注册学生和/或希腊字母组织的领导职位。
  • Withheld Suspension暂停:暂停是一段特定的时间。被扣停学的学生如果在规定的时间内违反学院的任何政策,可能会被立即停学。这是除暂停外最严重的制裁。Students on Withheld Suspension may not be permitted to participate in College-affiliated travel (e.g., Spring Break Immersion Trips, study abroad experiences, etc.) and/or leadership positions in Registered Student and/or Greek Letter Organizations.
  • Suspension: A set length of time when an individual may not be involved in any aspect of the college. This includes courses, housing, and campus activities. A student may apply for readmission at the end of the suspension period.
  • Expulsion: A student is dismissed from the College permanently.

Supplemental Sanctions (to be used in addition to primary sanctions):

  • Educational Sanction决策者可能会决定在合理的范围内发布一项制裁,这将有助于帮助学生了解他们的行为对社区的影响。世界杯英格兰队vs丹麦队足彩This may include but is not limited to:
    • Writing a research paper or reflective piece relevant to the violation.
    • 与教员或工作人员会面,讨论与违规有关的事项。
    • 制定行动计划以阻止进一步违反。
    • 制定一项与违法行为相关的计划或宣传活动。
  • Withheld Removal from Housing: This sanction means that if a student is involved in a violation of any college policy during the stated period of time, he/she may be immediately removed from college housing.
  • Housing:如果该行为被认为对学院或学生有利,学生现在和未来的住房状况可能会改变。
  • Referral for Assessment:这包括但不限于行为、心理或物质使用评估。

b.Employee Sanctions

Responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation include:

  • Warning – Verbal or Written
  • Performance Improvement/Management Process
  • Required Counseling
  • Required Training or Education
  • Probation
  • Loss of Annual Pay Increase
  • Loss of Oversight or Supervisory Responsibility
  • Demotion
  • Suspension with pay
  • Suspension without pay
  • Termination
  • Other Actions:In addition to or in place of the above sanctions, Hope College may assign any other sanctions as deemed appropriate.

10. Withdrawal or Resignation While Charges are Pending

Students: If a student has an allegation pending for violation of the policy on Equal Opportunity, Harassment, and Nondiscrimination. Hope College may place a hold, bar access to an official transcript, and/or prohibit graduation as necessary to permit the resolution process to be completed.

Employees: Should an employee resign with unresolved allegations pending, the records of the EOC Coordinator will reflect that status, and any Hope College responses to future inquiries regarding employment references for that individual will include the former employee’s unresolved status.

11. Appeals

所有的上诉申请必须在提交决策者的书面调查结果后的5个工作日内以书面形式提交给EOC协调员。任何一方只能根据以下理由就调查结果提出上诉。

EOC协调员将从此前未参与该程序的人员中选出一个三人上诉小组。上诉委员会将委任一名成员为主席。Any party may appeal, but appeals are limited to the following grounds:

Appeals are limited to the following grounds:

  • Procedural irregularity that affected the outcome of the matter;
  • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
  • EOC协调员、调查员或决策者对投诉人或被投诉人或被投诉人存在利益冲突或偏见,或对影响事件结果的特定投诉人或被投诉人存在利益冲突或偏见;and
  • 所施加的制裁超出了希望学院为该罪行指定的制裁范围和被申请人的累计记录。世界杯荷兰vs厄瓜多尔走地

When any party requests an appeal, the EOC Coordinator will share the appeal request with the other party(ies) or other appropriate persons such as the Investigator(s), who may file a response within three (3) business days. The other party may also bring their own appeal on separate grounds.

如提出新的理由,原上诉方可在3个工作日内就新的理由提交书面答复。这些答复或呼吁要求将与各方分享。上诉委员会一般会在完成上诉前材料交换后的三(3)至五(5)个工作日内覆核上诉请求。If grounds are not sufficient for an appeal, or the appeal is not timely, the appeal Chair/Panel dismisses the appeal.

When the appeal Chair/panel finds that at least one of the grounds is met by at least one party, additional principles governing the review of appeals include the following:

  • Decisions by the Appeal Chair/Panel are to be deferential to the original decision, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is compelling justification to do so.
  • Appeals are not intended to be full re-hearings (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the investigation and pertinent documentation regarding the grounds for appeal.
  • An appeal is not an opportunity for the Appeal Chair/Panel to substitute their judgment for that of the original Investigator(s) or Decision-makers merely because they disagree with the finding and/or sanction(s).
  • 根据新证据作出的上诉通常应发回调查人员重新审议。其他上诉应由上诉主席/小组决定发回。
  • Sanctions imposed as the result of Formal Resolution are implemented immediately unless the EOC Coordinator delays their implementation in extraordinary circumstances, pending the outcome of the appeal.
    • For students: Graduation, study abroad, internships/ externships, etc., do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal.
  • All parties will be informed in writing within 3 to 5 business days of the outcome of the appeal without significant time delay between notifications, and in accordance with the standards for Notice of Outcome as defined above.
  • Once an appeal is decided, the outcome is final; further appeals are not permitted, even if a decision or sanction is changed on remand.
  • 在少数情况下,当最初的调查员和/或决策者无法纠正程序错误时(如存在偏见),上诉主席/专家组可以建议新的调查和/或正式解决程序,包括新的解决管理员。
  • 一个新的正式解决程序的结果可以上诉一次,在三个适用的上诉理由中的任何一个。
  • 如果上诉导致被申请人恢复到希望学院或恢复特权,我们会尽一切合理的努力使被申请人恢复到以前的状态,认识到一些失去的机会可能在短期内无法弥补。世界杯荷兰vs厄瓜多尔走地

12. Long-Term Remedies/Actions

Following the conclusion of the resolution process, and in addition to any sanctions implemented, the EOC Coordinator may implement long-term remedies or actions with respect to the parties and/or the campus community to stop the harassment, discrimination, and/or retaliation; remedy its effects; and prevent its reoccurrence.

These remedies/actions may include, but are not limited to:

  • Referral to counseling and health services
  • Referral to the Employee Assistance Program
  • Education to the community
  • Permanent alteration of housing assignments
  • Permanent alteration of work arrangements for employees
  • Provision of campus safety escorts
  • Climate surveys
  • Policy modification
  • Provision of transportation accommodations
  • Implementation of long-term contact limitations between the parties
  • Implementation of adjustments to academic deadlines, course schedules, etc.

At the discretion of the EOC Coordinator, long-term remedies may also be provided to the Complainant even if no policy violation is found.

When no policy violation is found, the EOC Coordinator will address any remedial requirements owed by the Hope College to the Respondent.

13. Failure to Complete Sanctions/Comply with Interim and Long-term Remedies/Responsive Actions

所有被调查者应在决策者指定的时间范围内遵守行为制裁、响应行动和纠正行动。

不遵守规定日期的处罚/行动,无论是拒绝、忽视或任何其他原因,都可能导致额外的处罚/响应/纠正行动,包括停学、开除和/或从希望学院开除。世界杯荷兰vs厄瓜多尔走地

A suspension will only be lifted when compliance is achieved to the satisfaction of the EOC Coordinator.

14. Recordkeeping

在执行这一政策时,所有指控、调查、决议和听证会的记录将保存七年,或根据州或联邦法律或机构政策的要求,由平等就业机会委员会协调员保存在平等就业机会委员会办公室的案例数据库中。

15. Statement of the Rights of the Parties(seeAppendix C)

APPENDIX B – PROCESS B
GRIEVANCE PROCESS FOR ALLEGED TITLE IX SEXUAL HARASSMENT VIOLATIONS (KNOWN AS PROCESS “B”)

1. Overview

Hope College will act on any formal or informal notice/complaint of violation of the policy on Equal Opportunity, Harassment, and Nondiscrimination (“the Policy”) that is received by the EOC Coordinator or any other Official with Authority by applying these procedures, known as “Process B.”

The procedures below applyonlyto qualifying allegations ofTitle IX Sexual Harassment(包括性侵犯、约会暴力、家庭暴力和跟踪,如上述定义)涉及学生、工作人员、行政人员或教职员工。

If other policies are invoked, such as policies on protected class harassment or discrimination above, please seeAppendix Afor a description of the procedures applicable to the resolution of such offenses, known as “Process A.”

Process A can also apply to sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) when jurisdiction does not fall within Process B, as determined by the EOC Coordinator.

The procedures below may be used to address collateral misconduct arising from the investigation of or occurring in conjunction with reported misconduct (e.g., vandalism, physical abuse of another). All other allegations of misconduct unrelated to incidents covered by the Policy will be addressed through procedures elaborated in the student, faculty, and staff handbooks.

2. Notice/Complaint

在收到投诉或向平等就业机会委员会协调员发出违反政策的通知后,希望学院会立即进行初步评估,以确定学院需要采取的下一步措施。世界杯荷兰vs厄瓜多尔走地

Hope College will initiate at least one of three responses:

  1. Offering supportive measures because the Complainant does not want to proceed formally; and/or
  2. 一个非正式的决议;and/or
  3. A Formal Grievance Process including an investigation and a hearing.
    调查和申诉程序将决定政策是否被违反。

3. Initial Assessment

Following receipt of notice or a complaint of an alleged violation of this Policy, the EOC Coordinator[16]engages in an initial assessment, which is typically one to five business days in duration. The steps in an initial assessment can include:

  • If notice is given, the EOC Coordinator seeks to determine if the person impacted wishes to make a formal complaint, and will assist them to do so, if desired.
    • If they do not wish to do so, the EOC Coordinator determines whether to initiate a complaint because a violence risk assessment indicates a compelling threat to health and/or safety.
  • If a formal complaint is received, the EOC Coordinator assesses its sufficiency and works with the Complainant to make sure it is correctly completed.
  • EOC协调员向投诉人提供支持措施。
  • EOC协调员与投诉人合作,确保投诉人知道有权聘请顾问。
  • EOC协调员与投诉人合作,决定投诉人是希望得到支持性和补救性的回应、非正式的解决方案,还是正式的调查和申诉程序。
    • 学生对员工的投诉没有非正式的解决办法。
    • 如果一个支持性和补救性的回应是首选,EOC协调员与投诉人一起确定他们的愿望,然后寻求促进实施。如果没有正式申诉程序启动,投诉人可以根据需要选择稍后启动申诉程序。
    • 如果选择非正式解决方案,EOC协调员将评估投诉是否适合采用非正式解决方案,哪种非正式机制可能最适合该情况或可用,并可能寻求确定被投诉人是否也愿意进行非正式解决。
    • If a Formal Grievance Process is preferred, the EOC Coordinator determines if the misconduct alleged falls within the scope of Title IX:
      • If it does, the EOC Coordinator will initiate the formal investigation and grievance process, directing the investigation to address:
        • an incident, and/or
        • a pattern of alleged misconduct, and/or
        • a culture/climate issue, based on the nature of the complaint.
      • If it does not, the EOC Coordinator determines that Title IX does not apply (and will “dismiss” that aspect of the complaint, if any), assesses which policies may apply and refers the matter for resolution under Process A. Please note that dismissing a complaint under Title IX is just procedural, and does not limit the Hope College’s authority to address a complaint with an appropriate Process and remedies.

a.Violence Risk Assessment

In many cases, the EOC Coordinator may determine that a Violence Risk Assessment (VRA) should be conducted by the Behavioral Intervention Team (BIT) as part of the initial assessment.

威胁评估是评估一个人在发出直接或有条件的威胁后对另一个人或群体实施暴力的可诉性的过程。VRA是一个更广泛的术语,用于评估任何潜在的暴力或危险,无论是否存在模糊的、有条件的或直接的威胁。

VRAs require specific training and are typically conducted by psychologists, clinical counselors, social workers, case managers, law enforcement officers, student conduct officers, or other Behavioral Intervention Team (BIT)/CARE team members. A VRA authorized by the EOC Coordinator will occur in collaboration with the Behavioral Intervention Team. Where a VRA is required by the EOC Coordinator, a Respondent refusing to cooperate may result in a charge of failure to comply within the appropriate student or employee conduct process.

VRA不是对非自愿行为健康住院的评估,也不是心理或精神健康评估。VRA评估可采取行动的暴力行为的风险,通常以有针对性/掠夺性升级为重点,并得到执法、犯罪学、人力资源和心理学等领域的研究的支持。

b.Dismissal (Mandatory and Discretionary)[17]

世界杯荷兰vs厄瓜多尔走地mustdismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

  1. 正式投诉所指称的行为,即使证明属实,也不构成上述政策所界定的性骚扰;and/or
  2. The conduct did not occur in an educational program or activity controlled by Hope College (including buildings or property controlled by recognized student organizations), and/or Hope College does not have control of the Respondent; and/or
  3. The conduct did not occur against a person in the United States; and/or
  4. At the time of filing a formal complaint, a complainant is not participating in or attempting to participate in the education program or activity of Hope College.

世界杯荷兰vs厄瓜多尔走地maydismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:

  1. 投诉人书面通知EOC协调员,投诉人希望撤回正式投诉或其中的任何指控;or
  2. 被调查者已不在希望学院就读或受雇;世界杯荷兰vs厄瓜多尔走地or
  3. 特殊的情况使希望学院无法收集足够的证据来对其中的正式投诉或指控世界杯荷兰vs厄瓜多尔走地做出决定。

Upon any dismissal, Hope College will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.

本解雇决定可由任何一方根据下列上诉程序提出上诉。决定撤回投诉的投诉人可以要求恢复投诉或重新提交投诉。

4. Counterclaims

世界杯荷兰vs厄瓜多尔走地希望学院有义务确保申诉过程不被用于报复目的。世界杯荷兰vs厄瓜多尔走地希望学院允许提出反诉,但使用初步评估,如上所述,以评估反诉中的指控是否出于善意。被申请人的反诉可能出于善意,但有时也出于报复的目的。带有报复性意图的反诉将不被允许。

Counterclaims determined to have been reported in good faith will be processed using the grievance procedures below. Investigation of such claims may take place after resolution of the underlying initial allegation, in which case a delay may occur.

Counterclaims may also be resolved through the same investigation as the underlying allegation, at the discretion of the EOC Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this policy.

5. Right to an Advisor

The parties may each have an Advisor[18]如果他们愿意,他们将出席决议过程中的所有会议和面谈。双方可以选择他们希望的任何人担任其顾问,只要该顾问符合资格。

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the hearing Decision-maker(s).

Hope College may permit parties to have more than one Advisor upon special request to the EOC Coordinator. The decision to grant this request is at the sole discretion of the EOC Coordinator and will be granted equitably to all parties.

a.Who Can Serve as an Advisor

顾问可以是朋友、导师、家庭成员、律师或任何一方选择在整个解决过程中向他们提供建议、支持和/或咨询的其他个人。各方可以从希望学院社区内部或外部选择顾问。世界杯荷兰vs厄瓜多尔走地世界杯英格兰队vs丹麦队足彩

如果任何一方选择,EOC协调员也将为其指派一名训练有素的顾问。如果双方从希望学院提供的顾问池中选择一名顾问,该顾问将接受希望学院的培训,并熟悉希望学院的解决流程。世界杯荷兰vs厄瓜多尔走地

If the parties choose an Advisor from outside the pool of those identified Hope College, the Advisor may not have been trained by Hope College and may not be familiar with Hope College policies and procedures.

Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, prior to a hearing.

b.Advisors in Hearings/Hope College-Appointed Advisor

根据适用于教育法修正案第九条的美国教育部规定,听证会期间必须进行质证,但必须由双方的顾问进行。当事人不得直接盘问对方或任何证人。如果一方当事人在听证会上没有顾问,希望学院将指定一名训练有素的顾问进行有限的交叉询问。世界杯荷兰vs厄瓜多尔走地

A party may reject this appointment and choose their own Advisor, but they may not proceed without an Advisor. If the party’s Advisor will not conduct cross-examination, Hope College will appoint an Advisor who will do so, regardless of the participation or non-participation of the advised party in the hearing itself. Extensive questioning of the parties and witnesses will also be conducted by the Decision-maker(s) during the hearing.

c.Advisor’s Role

各方可在其顾问的陪同下参加各方有权出席的所有会议和面试,包括入职和面试。顾问应该帮助双方准备每次会议,并被期望提供道德、正直和真诚的建议。

d.Pre-Interview Meetings

顾问可要求在面谈或会议前与进行面谈/会议的行政官员会面。这次预会让顾问们明确和了解他们的角色以及希望学院的政策和程序。世界杯荷兰vs厄瓜多尔走地

e.Advisor Violations of Hope College Policy

所有指导老师都要遵守同样的希望学院政策和程序,无论他们是否是律师。世界杯荷兰vs厄瓜多尔走地顾问应在不干扰程序的情况下向被顾问提供建议。指导老师不应该在会议或面试中对希望学院的领导讲话,除非被世界杯荷兰vs厄瓜多尔走地邀请(例如,问程序性问题)。顾问不得在任何会议或程序中进行陈述或代表其被咨询方,也不得代表被咨询方向调查人员或其他决策者发言,但在听证会程序和质证期间除外。

在决议过程的整个调查阶段,各方都应代表自己提出问题并作出答复。虽然顾问一般不能代表其被建议者发言,但顾问可以与其被建议者进行协商,必要时可以私下协商,也可以在任何决议过程会议或面谈中通过传递或传递笔记的方式进行协商。如果讨论的时间更长或更复杂,双方和他们的顾问应该要求休息,以便进行私人咨询。

Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the EOC Coordinator will determine how to address the Advisor’s non-compliance and future role.

f.Sharing Information with the Advisor

世界杯荷兰vs厄瓜多尔走地希望学院希望与他们的顾问分享与指控相关的文件和证据。如果各方愿意,可以直接与他们的顾问或其他个人分享这些信息。这样做可能有助于各方更有意义地参与解决进程。

Hope College also provides a consent form that authorizes the College to share such information directly with their Advisor. The parties must either complete and submit this form to the EOC Coordinator or provide similar documentation demonstrating consent to a release of information to the Advisor before Hope College is able to share records with an Advisor.

g.Privacy of Records Shared with Advisor

顾问们需要维护与他们共享的记录的隐私。这些记录不得与第三方共享、公开披露或用于未经希望学院明确授权的目的。世界杯荷兰vs厄瓜多尔走地世界杯荷兰vs厄瓜多尔走地希望学院可能会限制任何不尊重过程敏感性质或未能遵守希望学院隐私期望的顾问的角色。

h.Expectations of an Advisor

Hope College generally expects an Advisor to adjust their schedule to allow them to attend Hope College meetings when planned, but may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

世界杯荷兰vs厄瓜多尔走地希望学院也可以做出合理的规定,允许不能亲自出席会议的顾问通过电话、视频会议或其他方便可用的类似技术参加会议。

i.Expectations of the Parties with Respect to Advisors

A party may elect to change Advisors during the Process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator(s) of the identity of their Advisor at least two (2) business days before the date of their first meeting with Investigators (or as soon as possible if a more expeditious meeting is necessary or desired).

The parties are expected to provide timely notice to the EOC Coordinator if they change Advisors at any time. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor must be secured. Parties are expected to inform the EOC Coordinator of the identity of their hearing Advisor at least two (2) business days before the hearing.

j.Assistance in Securing an Advisor

For representation, Respondents may wish to contact organizations such as:

Complainants may wish to contact organizations such as:

6. Resolution Processes

Resolution proceedings are private. All persons present at any time during the resolution Process are expected to maintain the privacy of the proceedings in accordance with Hope College policy. While there is an expectation of privacy around what Investigators share with parties during interviews, the parties have discretion to share their own knowledge and evidence with others if they so choose. Hope College encourages parties to discuss this with their Advisors before doing so.

a.Informal Resolution

Informal Resolution can include three different approaches:

  • When the parties agree to resolve the matter through an informal resolution mechanism including mediation, restorative practices, etc.;
  • When the Respondent accepts responsibility for violating policy, and desires to accept a sanction and end the resolution process; or
  • When the EOC Coordinator can resolve the matter informally by providing supportive measures to remedy the situation.

To initiate Informal Resolution, a Complainant needs to submit a formal complaint, as defined above. If a Respondent wishes to initiate Informal Resolution, they should contact the EOC Coordinator to so indicate.

It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process, and any party participating in Informal Resolution can stop the Process at any time and begin or resume the Formal Grievance Process.

在执行“非正式决议”之前,希望学院将向各方提供有关被举报的不当行为以及参与该过程可能导世界杯荷兰vs厄瓜多尔走地致的任何制裁或措施的书面通知,包括有关将由希望学院维护或共享的任何记录的信息。

Hope College will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution. Informal resolution is not available for sexual harassment allegations filed by students against employees.

Informal Resolution is an informal process, including mediation or restorative practices, etc., by which a mutually agreed upon resolution of an allegation is reached. All parties must consent to the use of Informal Resolution.

The EOC Coordinator may look to the following factors to assess whether Informal Resolution is appropriate, or which form of Informal Resolution may be most successful for the parties:

  • The parties’ amenability to Informal Resolution;
  • Likelihood of potential resolution, taking into account any power dynamics between the parties;
  • The parties’ motivation to participate;
  • Civility of the parties;
  • Cleared violence risk assessment/ongoing risk analysis;
  • Disciplinary history;
  • Whether an emergency removal is needed;
  • Skill of the Informal Resolution facilitator with this type of complaint;
  • Complaint complexity;
  • Emotional investment/intelligence of the parties;
  • Rationality of the parties;
  • Goals of the parties;
  • Adequate resources to invest in Informal Resolution (time, staff, etc.)

非正式决议是否有效或是否成功的最终决定由EOC协调员作出。EOC协调员保存任何达成的决议的记录,不遵守决议协议可能会导致适当的回应/纪律行动。通过非正式决议解决的投诉结果是不可上诉的。

i.Respondent Accepts Responsibility for Alleged Violations

The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the EOC Coordinator will determine whether Informal Resolution can be used according to the criteria in that section above.

如果非正式决议适用,EOC协调员将确定各方和希望学院是否能够就责任、制裁和/或补救措施达成一致。世界杯荷兰vs厄瓜多尔走地如果是这样,EOC协调员执行公认的调查结果,即被申请人违反了希望学院的政策,并在必要时与其他适当的管理者协调,实施商定的制裁和/或补救措施。世界杯荷兰vs厄瓜多尔走地

一旦所有各方表明其书面同意所有商定的决议条款,这一结果将不受上诉。When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.

当解决方案达成后,当局会迅速采取适当的制裁或回应行动,以有效制止骚扰或歧视,防止其再次发生,并补救歧视行为对投诉人和社会造成的影响。世界杯英格兰队vs丹麦队足彩

ii.Negotiated Resolution

在双方同意的情况下,EOC协调员可以协商并执行一项协议,以解决所有各方和希望学院都满意的指控。世界杯荷兰vs厄瓜多尔走地谈判达成的决议不得上诉。

b.Formal Resolution

If a Complainant wants formal action in response to their allegations, the formal grievance process will involve an investigation and hearing. “Process B,” is a method of formal resolution designated by Hope College to address conduct that falls within the policy, and which complies with the requirements of 34 CFR Part 106.45.

7. Grievance Process Pool

The Formal Grievance Process relies on a pool of faculty and staff, and in some cases outside contractors, (“the Pool”) to carry out the process. Members of the Pool are announced in an annual distribution of this policy to all students, parents/guardians of students, employees, prospective students, and prospective employees.

The list of Pool members and a description of the Pool can be found athopecollege.edu/titleix.

a.Pool Member Roles

Members of the Pool are trained annually, and can serve in in the following roles, at the direction of the EOC Coordinator:

  • To act as an Advisor to the parties
  • To serve in a facilitation role in informal resolution or Informal Resolution if appropriately trained in appropriate resolution modalities (e.g., mediation, restorative practices)
  • To investigate complaints
  • To serve as a hearing facilitator (Process administrator, no decision-making role)
  • To serve as a Decision-maker regarding the complaint
  • To serve as an Appeal Decision-maker

b.Pool Member Appointment

The EOC Coordinator appoints the Pool, which acts with independence and impartiality. While members of the Pool are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different cases, Hope College can also designate permanent roles for individuals in the Pool, using others as substitutes or to provide greater depth of experience when necessary. This process of role assignment may be the result of particular skills, aptitudes, or talents identified in members of the Pool that make them best suited to particular roles.

c.Pool Member Training

联营成员根据各自的角色每年接受培训。This training includes, but is not limited to:

  • The scope of the Hope College’s Discrimination and Harassment Policy and Procedures
  • How to conduct investigations and hearings that protect the safety of Complainants and Respondents, and promote accountability
  • Implicit bias
  • Disparate treatment and impact
  • Reporting, confidentiality, and privacy requirements
  • Applicable laws, regulations, and federal regulatory guidance
  • How to implement appropriate and situation-specific remedies
  • How to investigate in a thorough, reliable, and impartial manner
  • How to uphold fairness, equity, and due process
  • How to weigh evidence
  • How to conduct questioning
  • How to assess credibility
  • Impartiality and objectivity
  • How to render findings and generate clear, concise, evidence-based rationales
  • The definitions of all offenses
  • How to apply definitions used by the Hope College with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with policy
  • How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes
  • How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and bias
  • Any technology to be used at a live hearing
  • Issues of relevance of questions and evidence
  • Issues of relevance to create an investigation report that fairly summarizes relevant evidence
  • How to determine appropriate sanctions in reference to all forms of harassment, discrimination, and/or retaliation allegations

我们还为上诉决策者、招募人员、顾问(他们是希望学院的员工)和主席提供专门的培训。世界杯荷兰vs厄瓜多尔走地所有泳池会员必须每年参加这些培训。The materials used to train all members of the Pool are publicly posted here:m.icarseries.com/offices/title-ix/resources/index.html.

d.Pool Membership

The Pool typically includes:

  • At least 8-10 members of the staff
  • At least 8-10 members of the faculty

企业资源计划的成员通常最少任期为三年,如果双方同意,有机会连续任职。泳池的任命应考虑到校园社区的广泛代表性。世界杯英格兰队vs丹麦队足彩我们鼓励有兴趣参与服务的个人与平等就业机会委员会协调员联系。

8. Formal Grievance Process: Notice of Investigation and Allegations

在正式申诉程序开始时,EOC协调员将向被申请人提供调查和指控的书面通知(“NOIA”)。这有助于受访者准备采访的能力,并确定和选择一个顾问陪同他们。《NOIA》也应抄送给投诉人,投诉人应提前通知其将《NOIA》交付给被投诉人的时间。

The NOIA will include:

  • A meaningful summary of all of allegations,
  • The identity of the involved parties (if known),
  • The precise misconduct being alleged,
  • The date and location of the alleged incident(s) (if known),
  • The specific policies implicated,
  • A description of the applicable procedures,
  • A statement of the potential sanctions/responsive actions that could result,
  • A statement that Hope College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination,
  • A statement that determinations of responsibility are made at the conclusion of the Process and that the parties will be given an opportunity to inspect and review all directly related and/or relevant evidence obtained during the review and comment period,
  • A statement about Hope College’s policy on retaliation,
  • Information about the privacy of the process,
  • Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor,
  • A statement informing the parties that Hope College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process,
  • Detail on how the party may request disability accommodations during the interview process,
  • A link to Hope College’s VAWA Brochure,
  • The name(s) of the Investigator(s), along with a process to identify, in advance of the interview process, to the EOC Coordinator any conflict of interest that the Investigator(s) may have, and
  • An instruction to preserve any evidence that is directly related to the allegations.

随着调查的进展和有关增加或撤销各种指控的更多信息的获得,可能会对《NOIA》进行修订和更新。

通知将以书面形式发出,并可通过以下一种或多种方式递送:亲自递送、邮寄至双方在希望学院官方记录中显示的当地或永久地址,或通过电子邮件发送至双方在希望学院发布的电子邮件或指定账户。世界杯荷兰vs厄瓜多尔走地一旦邮寄、电子邮件和/或亲自收到,通知将被推定为送达。

9. Resolution Timeline

Hope College will make a good faith effort to complete the resolution process within a ninety to one hundred twenty (90-120) business day time period, including appeal, which can be extended as necessary for appropriate cause by the EOC Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.

10. Appointment of Investigator(s)

一旦决定开始正式调查,平等机会委员会协调员通常会指定希望学院平等机会和第九条调查员进行调查。世界杯荷兰vs厄瓜多尔走地然而,如果认为有必要,EOC协调员也可以指派以下人员参与调查:一名外部承包商/律师或两名Pool成员组成的团队。这通常会在决定进行调查后的2-5个工作日内进行。

11. Ensuring Impartiality

任何重大参与解决程序管理的个人[包括EOC协调员、调查人员和决策者]不得对某一方或特定投诉人或被投诉人存在利益冲突或偏见,也不得证明存在利益冲突或偏见。

The EOC Coordinator will vet the assigned Investigator(s) to ensure impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the EOC Coordinator will determine whether the concern is reasonable and supportable. If so, another Pool member will be assigned and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the EOC Coordinator, concerns should be raised with the Hope College President or designee.

正式的申诉程序涉及对所获得的所有相关证据的客观评估,包括支持被申请人违反政策的证据和支持被申请人没有违反政策的证据。可信度的决定不能仅仅基于个人的身份或作为投诉人、被投诉人或证人的参与。

Hope College operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the preponderance of the evidence.

12. Investigation Timeline

Investigations are completed expeditiously, normally within thirty (30) business days, though some investigations may take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.

Hope College will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

13. Delays in the Investigation Process and Interactions with Law Enforcement

世界杯荷兰vs厄瓜多尔走地如果情况需要,希望学院可能会推迟调查(几天到几周)。这种情况包括但不限于:执法部门要求暂时推迟调查、需要语言援助、当事人和(或)证人不在、和(或)对残疾或健康状况的照顾。

世界杯荷兰vs厄瓜多尔走地希望学院将以书面形式与各方沟通预计的延迟时间和原因,并在必要时向各方提供状态更新。世界杯荷兰vs厄瓜多尔走地希望学院将尽快恢复调查和解决程序。在此期间,希望学院将酌情采取支持措施。世界杯荷兰vs厄瓜多尔走地

Hope College action(s) are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

14. Steps in the Investigation Process

所有调查都是彻底、可靠、公正、迅速和公正的。调查包括与所有有关各方和证人面谈;获得可用的、相关的证据;并在必要时确定专家信息的来源。

All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record.

The Investigator(s) typically take(s) the following steps, if not already completed (not necessarily in this order):

  • Determine the identity and contact information of the Complainant
  • In coordination with campus partners (e.g., the EOC Coordinator), initiate or assist with any necessary supportive measures
  • Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all of the specific policies implicated
  • Assist the EOC Coordinator with conducting a prompt initial assessment to determine if the allegations indicate a potential policy violation
  • Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all witnesses and the parties
  • Meet with the Complainant to finalize their interview/statement, if necessary
  • Prepare the initial Notice of Investigation and Allegation (NOIA). The NOIA may be amended with any additional or dismissed allegations
    • Notice should inform the parties of their right to have the assistance of an Advisor, who could be a member of the Pool or an Advisor of their choosing present for all meetings attended by the party
  • Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript) of the relevant evidence/testimony from their respective interviews and meetings
  • Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible
  • When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting, as well as the expected participants and purpose
  • Interview all available, relevant witnesses and conduct follow-up interviews as necessary
  • 允许双方有机会提出证人的建议,以及他们希望调查人员向另一方和证人提出的问题,并在报告中记录已提出的问题,并说明任何更改或遗漏的理由。
  • Complete the investigation promptly and without unreasonable deviation from the intended timeline
  • Provide regular status updates to the parties throughout the investigation.
  • 在调查结束前,应向双方及其顾问(如双方要求)提供一份证人名单,其资料将用于作出裁定
  • 写一份全面的调查报告,公正地总结调查情况;所有证人面谈,以及所有相关证据。Appendices including relevant physical or documentary evidence will be included
  • The Investigator(s) gather, assess, and synthesize evidence, but make no conclusions, engage in no policy analysis, and render no recommendations as part of their report
  • Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the Hope College does not intend to rely in reaching a determination, for a ten (10) business day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten days.
  • The Investigator(s) may elect to respond in writing in the investigation report to the parties’ submitted responses and/or to share the responses between the parties for additional responses
  • The Investigator(s) will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report. The Investigator(s) should document all rationales for any changes made after the review and comment period
  • The Investigator(s) shares the report with the EOC Coordinator and/or legal counsel for their review and feedback
  • 调查人员将纳入任何相关反馈,最终报告将在听证会前至少十(10)个工作日通过安全电子传输或纸质副本与各方及其顾问共享。The parties are also provided with a file of any directly related evidence that was not included in the report

15. Role and Participation of Witnesses in the Investigation

希望作为希望学院员工的证人(有别于当事人)能够配合和参与希望学院的调查和解决过程。世界杯荷兰vs厄瓜多尔走地

虽然对当事人和所有潜在证人的面谈是理想的,但在某些情况下(例如,留学、暑假)可能需要对个人进行远程面谈。如果调查人员确定时效性或效率要求进行远程面谈,则可将谷歌Meet、Skype、Zoom、FaceTime、WebEx或类似技术用于面谈。世界杯荷兰vs厄瓜多尔走地希望学院将采取适当措施,合理确保远程面试的安全性/私密性。

16. Recording of Interviews

No unauthorized audio or video recording of any kind is permitted during investigation meetings. If Investigator(s) elect to audio and/or video record interviews, all involved parties must be made aware of audio and/or video recording.

17. Evidentiary Considerations in the Investigation

The investigation does not consider: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) the character of the parties; or 3) questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

18. Referral for Hearing

Provided that the complaint is not resolved through Informal Resolution, once the final investigation report is shared with the parties, the EOC Coordinator will refer the matter for a hearing.

The hearing cannot be less than ten (10) business days from the conclusion of the investigation –when the final investigation report is transmitted to the parties and the Decision-maker–unless all parties and the Decision-maker agree to an expedited timeline.

The EOC Coordinator will select appropriate Decision-makers from the Pool depending on whether the Respondent is an employee or a student. Allegations involving student-employees will be directed to the appropriate Decision-maker depending on the context of the alleged misconduct.

19. Hearing Decision-maker Composition

世界杯荷兰vs厄瓜多尔走地希望学院将根据EOC协调员的决定,从候选名单中指定一名决策者或三人小组。唯一的决策者也将主持听证会。在一个小组中,三名成员中的一名将由公平选举委员会协调员任命为主席。

决策者以前不会参与调查。如果因任何原因需要替代人员,EOC协调员可以选择从池中选择一名替代人员参与整个解决过程。

调查人员将会是聆讯的证人,因此不能作为决策者。担任任何政党顾问的人士不得担任有关问题的决策者。

EOC协调员不能在该事件中担任决策者或主席,但可以作为听证会的行政协调人,如果他们之前的角色在该事件中没有产生利益冲突。否则,指定人员可以履行此角色。听证将在行政调解人或其指定人确定的时间举行。

20. Evidentiary Considerations in the Hearing

决策者认为相关的任何证据都可以被考虑。听证会不考虑:1)与可能的违规行为没有直接关系的事件,除非它们能证明一种模式;(二)当事人的性质;或3)有关投诉人的性倾向或既往性行为的问题和证据,除非该等有关投诉人既往性行为的问题和证据是为了证明除被投诉人以外的其他人犯有投诉人所指控的行为,或者该等问题和证据涉及投诉人既往与被投诉人的性行为的具体事件,并证明投诉人同意。

Previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility, as Hope College uses a progressive discipline system. This information is only considered at the sanction stage of the process.

The parties may each submit a written impact statement prior to the hearing for the consideration of the Decision-maker(s) at the sanction stage of the process when a determination of responsibility is reached.

经过听证后的审议,决策者根据证据的优势作出决定;是否更有可能被投诉人如所指控的那样违反了政策。

21. Notice of Hearing

在聆讯前不少于十(10)个工作日,EOC协调员或主席将向各方发出聆讯通知。一旦邮寄、电子邮件和/或亲自收到,通知将被推定为送达。

The notice will contain:

  • A description of the alleged violation(s), a list of all policies allegedly violated a description of the applicable procedures, and a statement of the potential sanctions /responsive actions that could result.
  • The time, date, and location of the hearing and a reminder that attendance is mandatory, superseding all other campus activities.
  • 任何将用于促进听证的技术。
  • 关于选择将当事人安排在不同房间的现场听证会的信息,使用技术使决策者和当事人能够看到和听到当事人或证人回答问题。Such a request must be raised with the EOC Coordinator at least five (5) business days prior to the hearing.
  • A list of all those who will attend the hearing, along with an invitation to object to any Decision-maker on the basis of demonstrated bias. This must be raised with the EOC Coordinator at least two (2) business days prior to the hearing.
  • Information on how the hearing will be recorded and on access to the recording for the parties after the hearing.
  • 一份声明,说明如果任何当事人或证人没有出席预定的聆讯,聆讯可以在他们缺席的情况下举行,而当事人或证人在聆讯前所作的证词和任何陈述将不会被决策者考虑。如有迫不得已的理由,主席可与行政调解人合作,重新安排听证会时间。
  • Notification that the parties may have the assistance of an Advisor of their choosing at the hearing and will be required to have one present for any questions they may desire to ask. The party must notify the EOC Coordinator if they do not have an Advisor, and Hope College will appoint one. Each party must have an Advisor present. There are no exceptions.
  • 向决策者提供的有关该事项的所有材料的副本,除非这些材料已经提供。[19]
  • 邀请每一方在听证会前向主席提交影响说明,决策者将在任何制裁决定期间审查该影响说明。
  • An invitation to contact the EOC Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least seven (7) business days prior to the hearing.
  • Notification that parties can bring mobile phones/devices into the hearing, so long as they are turned off/not a distraction.

Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to this Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by Hope College and remain within the 60-90 business day goal for resolution.

In these cases, if the Respondent is a graduating student, a hold may be placed on graduation and/or official transcripts until the matter are fully resolved (including any appeal). A student facing charges under this Policy is not in good standing to graduate.

22. Alternative Hearing Participation Options

如果一方或另一方不愿或不能亲自出席聆讯,应在聆讯前至少五(5)个工作日向公平选举委员会协调员要求其他安排。

EOC协调员或指定人员可以安排使用技术来允许远程作证,而不损害听证的公平性。对于不能亲自出庭的证人,也可能需要远程选择。任何不能亲临聆讯的证人,应在聆讯前至少五(5)个工作天通知公平申诉委员会协调员,以便作出适当安排。

23. Pre-Hearing Preparation

The Chair or EOC Coordinator, after any necessary consultation with the parties and Investigator(s), will provide the names of persons who will be participating in the hearing, all pertinent documentary evidence, and the final investigation report to the parties at least ten (10) business days prior to the hearing.

Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless all parties and the Chair assent to the witness’s participation in the hearing. The same holds for any evidence that is first offered at the hearing. If the parties and Chair do not assent to the admission of evidence newly offered at the hearing, the Chair will delay the hearing and instruct that the investigation needs to be re-opened to consider that evidence.

The parties will be given a list of the names of the Decision-maker(s) at least five (5) business days in advance of the hearing. All objections to any Decision-maker must be raised in writing, detailing the rationale for the objection, and must be submitted to the EOC Coordinator as soon as possible and no later than two days prior to the hearing. Decision-makers will only be removed if the EOC Coordinator concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s).

EOC协调员应在听证会至少五(5)个工作日前向决策者提供一份所有各方、证人和顾问的名单。任何不能作出客观决定的决策者,在听证会前被告知当事人、证人和顾问的身份后,必须回避诉讼。如果决策者不确定是否存在偏见或利益冲突,他们必须尽快向EOC协调员提出关注。

在开庭前的十(10)个工作日内,当事人有机会对最终调查报告和现有证据进行继续审查和评论。这种审查和评论可在听审前会议或听证会上与主席分享,并由主席在每一方之间交换。

24. Pre-Hearing Meetings

The Chair may convene a pre-hearing meeting(s) with the parties and/or their Advisors to invite them to submit the questions or topics they (the parties and/or their Advisors) wish to ask or discuss at the hearing, so that the Chair can rule on their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or provide recommendations for more appropriate phrasing. However, this advance review opportunity does not preclude the Advisors from asking at the hearing for a reconsideration based on any new information or testimony offered at the hearing. The Chair must document and share their rationale for any exclusion or inclusion at this pre-hearing meeting.

The Chair,only在双方完全同意的情况下,可在听证会前决定,如果调查员能够在调查报告或听证会中充分总结某些证人的证词,则某些证人不需要出席。

At each pre-hearing meeting with a party and their Advisor, the Chair will consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as directly related but not relevant by the Investigator(s) may be argued to be relevant. The Chair may decide on these arguments pre-hearing and will share decisions between the parties prior to the hearing to assist in preparation for the hearing. The Chair may consult with legal counsel and/or the EOC Coordinator, or ask either or both to attend pre-hearing meetings.

除非主席认为有必要并经各方同意,否则听证会前会议将不予记录。

25. Hearing Procedures

At the hearing, the Decision-maker(s) has the authority to hear and make determinations on all allegations of discrimination, harassment, and/or retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert with the discrimination, harassment, and/or retaliation, even though those collateral allegations may not specifically fall within the policy on Equal Opportunity, Harassment, and Nondiscrimination.

听证会的参与者将包括主席、任何其他小组成员、听证会主持人、进行调查的调查员、双方(或三(3)名组织代表,如果该组织是答辩人)、双方顾问、任何被叫证人、可能的听证会主持人和/或EOC协调员以及任何提供授权的便利或辅助服务的人。

主席将回答所有程序问题。任何在听证会上提供信息的人都将以自己的名义回答问题。

主席将允许拥有相关信息的证人出现在听证会的一部分,以回答决策者和各方提出的具体问题,然后将得到豁免。

26. Joint Hearings

In hearings involving more than one Respondent or in which two (2) or more Complainants have accused the same individual of substantially similar conduct; the default procedure will be to hear the allegations jointly.

但是,如果有令人信服的理由,EOC协调员可以允许与每个被申请人相关的调查和/或听证会分开进行。在联合聆讯中,将对每名被告涉嫌违反政策的行为分别作出责任决定。

27. The Order of the Hearing – Introductions and Explanation of Procedure

The Chair explains the procedures and introduces the participants. This may include a final opportunity for challenge or recusal of the Decision-maker(s) on the basis of bias or conflict of interest. The Chair will rule on any such challenge unless the Chair is the individual who is the subject of the challenge, in which case the EOC Coordinator will review and decide the challenge.

主席根据听证会笔录进行听证会。在听证会上,录音、证人后勤、当事人后勤、文件管理、当事人分离以及听证会过程的其他行政要素由EOC协调员指定的无投票权的听证会协调员管理。听证会协调员(可能是EOC协调员)可以负责:各方/证人等待时的房间后勤;当事人/证人进出听证空间的流动;确保录音和/或虚拟会议技术按预期工作;copying and distributing materials to participants, as appropriate, etc.

28. Investigator Presents the Final Investigation Report

The Investigator(s) will then present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the Decision-maker(s) and the parties (through their Advisors). The Investigator(s) will be present during the entire hearing process, but not during deliberations.

双方或决策者均不应就可信度、建议的调查结果或决定询问调查人员的意见,且调查人员、顾问和各方不得就这些评估进行讨论或提问。如果提出这类资料,主席将指示不予理会。

29.Testimony and Questioning

一旦调查人员提交报告并接受询问,双方和证人可依次提供相关信息,从投诉人开始,然后按主席确定的顺序提供。双方/证人将接受决策者的质询,然后由双方透过顾问进行(“交叉询问”)。

All questions are subject to a relevance determination by the Chair. The Advisor, who will remain seated during questioning, will pose the proposed question orally, electronically, or in writing (orally is the default, but other means of submission may be permitted by the Chair upon request or agreed to by the parties and the Chair), the proceeding will pause to allow the Chair to consider it, and the Chair will determine whether the question will be permitted, disallowed, or rephrased.

如果主席愿意,可以探讨与顾问的相关性的论点。然后,主席将说明他们对该问题的决定,并据此通知提出该问题的当事方/证人。主席将解释排除某一问题的任何决定,认为它不相关,或重新提出该问题以使其具有相关性。

The Chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The Chair has final say on all questions and determinations of relevance, subject to any appeal. The Chair may consult with legal counsel on any questions of admissibility. The Chair may ask advisors to frame why a question is or is not relevant from their perspective but will not entertain argument from the advisors on relevance once the Chair has ruled on a question.

If the parties raise an issue of bias or conflict of interest of an Investigator or Decision-maker at the hearing, the Chair may elect to address those issues, consult with legal counsel, and/or refer them to the EOC Coordinator, and/or preserve them for appeal. If bias is not in issue at the hearing, the Chair should not permit irrelevant questions that probe for bias.

30. Refusal to Submit to Cross-Examination and Inferences

如果一方当事人或证人因未出席会议或出席但拒绝参加质询而选择不接受听证会质证,则决策者不得依赖该当事人或证人在听证会上先前所作的任何陈述(包括调查报告中所载的陈述)来最终确定责任。决策者必须无视这一声明。如果证据不是当事人或证人的陈述,则可以考虑。

If the party or witness attends the hearing and answers some cross-examination questions, only statements related to the cross-examination questions they refuse to answer cannot be relied upon. However, if the statements of the party who is refusing to submit to cross-examination or refuses to attend the hearing are the subject of the allegation itself (e.g., the case is about verbal harassment or a quid pro quo offer), then those statements are not precluded from admission.

The Decision-maker(s) may not draw any inferencesolelyfrom a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.

如果在同一场听证会上考虑性骚扰以外的违反政策指控,决策者可以考虑它认为相关的所有证据,可以依赖任何相关陈述,只要通过其顾问向各方提供交叉询问的机会,并可以从任何一方或证人不参加或不回答问题的任何决定中得出合理的推论。

如果一方选择的顾问拒绝遵守希望学院既定的听证会礼仪规则,希望学院可以要求该方使用不同的顾问。世界杯荷兰vs厄瓜多尔走地如果希望学世界杯荷兰vs厄瓜多尔走地院提供的顾问拒绝遵守礼仪规则,希望学院可以为该方提供另一名顾问,代表该方进行交叉询问。

31. Recording Hearings

Hearings (but not deliberations) are recorded by Hope College for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted.

The Decision-maker(s), the parties, their Advisors, and appropriate administrators of Hope College will be permitted to listen to the recording in a controlled environment determined by the EOC Coordinator.

32. Deliberation, Decision-making, and Standard of Proof

The Decision-maker(s) will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. If a panel is used, a simple majority vote is required to determine the finding. The preponderance of the evidence standard of proof is used. The hearing facilitator may be invited to attend the deliberation by the Chair, but is there only to facilitate procedurally, not to address the substance of the allegations.

When there is a finding of responsibility on one or more of the allegations, the Decision-maker(s) may then consider the previously submitted party impact statements in determining appropriate sanction(s).

The Chair will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The Decision-maker(s) may – at their discretion – consider the statements, but they are not binding.

决策者将审查由EOC协调员提供的陈述和任何相关的行为记录,并决定对学生的适当制裁。对于雇员,决策者将与其他适当的管理人员(如人力资源主任和/或教务长)协商,提出适当的制裁建议。

The Chair will then prepare a written deliberation statement and deliver it to the EOC Coordinator, detailing the determination, rationale, the evidence used in support of its determination, the evidence disregarded, credibility assessments, and any sanctions or recommendations.

33. Notice of Outcome

随后,结果通知将与双方同时共享。通知将以书面形式发出,并可通过以下一种或多种方式发送:亲自发送、邮寄到双方在希望学院官方记录中显示的当地或永久地址,或通过电子邮件发送到双方在希望学院发布的电子邮件或其他批准的帐户。世界杯荷兰vs厄瓜多尔走地一旦邮寄、电子邮件和/或亲自收到,通知将被推定为送达。

结果通知将确定被报告被违反的具体政策,包括相关政策部分,并将包含希望学院从收到不当行为报告到决定所采取的程序步骤的描述,包括向各方发出的任何和所有通知、与各方和证人的面谈、现场访问、用于获取证据的方法和举行的听证会。世界杯荷兰vs厄瓜多尔走地

The Notice of Outcome will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent the Hope College is permitted to share such information under state or federal law; any sanctions issued which Hope College is permitted to share according to state or federal law; and any remedies provided to the Complainant designed to ensure access to Hope College’s educational or employment program or activity, to the extent Hope College is permitted to share such information under state or federal law (this detail is not typically shared with the Respondent unless the remedy directly relates to the Respondent).

结果通知还将包括霍普学院何时认为结果为最终结果,在最终结果之前发生的任何变化,以及相关程序和任何可供上诉选择的基础等信息。世界杯荷兰vs厄瓜多尔走地

34. Statement of the Rights of the Parties(seeAppendix C)

35. Sanctions

Factors considered when determining a sanction/responsive action may include, but are not limited to:

  • The nature, severity of, and circumstances surrounding the violation(s)
  • The Respondent’s disciplinary history
  • Previous allegations or allegations involving similar conduct
  • The need for sanctions/responsive actions to bring an end to the discrimination,
    harassment, and/or retaliation
  • The need for sanctions/responsive actions to prevent the future recurrence of
    discrimination, harassment, and/or retaliation
  • The need to remedy the effects of the discrimination, harassment, and/or
    Retaliation on the Complainant and the community
  • The impact on the parties
  • Any other information deemed relevant by the Decision-maker(s)

The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.

The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by external authorities.

a.Student Sanctions

The following are the usual sanctions that may be imposed upon students or organizations singly or in combination:

Primary sanctions include:

  • Letter of Warning一份正式的警告信放在学生的司法档案里。
  • Probation Level I:试用期有一定的期限。If an individual is found in violation of any College policy during that time, a more serious sanction will be imposed.
  • Probation Level II:试用期有一定的期限。试用期二级的学生可能会被免除学生组织的领导职务。任何违反这一等级的学生将会受到更严重的处罚,通常是停学。缓刑二级的学生可能不被允许参加学院附属的旅行(例如,春假浸入式旅行,海外学习经历等)和/或注册学生和/或希腊字母组织的领导职位。
  • Withheld Suspension暂停:暂停是一段特定的时间。被扣停学的学生如果在规定的时间内违反学院的任何政策,可能会被立即停学。这是除暂停外最严重的制裁。Students on Withheld Suspension may not be permitted to participate in College-affiliated travel (e.g., Spring Break Immersion Trips, study abroad experiences, etc.) and/or leadership positions in Registered Student and/or Greek Letter Organizations.
  • Suspension: A set length of time when an individual may not be involved in any aspect of the college. This includes courses, housing, and campus activities. A student may apply for readmission at the end of the suspension period.
  • Expulsion: A student is dismissed from the College permanently.

Supplemental Sanctions (to be used in addition to primary sanctions):

  • Educational Sanction决策者可能会决定在合理的范围内发布一项制裁,这将有助于帮助学生了解他们的行为对社区的影响。世界杯英格兰队vs丹麦队足彩This may include but is not limited to:
    • Writing a research paper or reflective piece relevant to the violation.
    • 与教员或工作人员会面,讨论与违规有关的事项。
    • 制定行动计划以阻止进一步违反。
    • 制定一项与违法行为相关的计划或宣传活动。
  • Withheld Removal from Housing: This sanction means that if a student is involved in a violation of any college policy during the stated period of time, he/she may be immediately removed from college housing.
  • Housing:如果该行为被认为对学院或学生有利,学生现在和未来的住房状况可能会改变。
  • Referral for Assessment:这包括但不限于行为、心理或物质使用评估。

b.Employee Sanctions

Responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation include:

  • Warning – Verbal or Written
  • Performance Improvement/Management Process
  • Required Counseling
  • Required Training or Education
  • Probation
  • Loss of Annual Pay Increase
  • Loss of Oversight or Supervisory Responsibility
  • Demotion
  • Suspension with pay
  • Suspension without pay
  • Termination
  • Other Actions: In addition to or in place of the above sanctions, Hope College may assign any other sanctions as deemed appropriate.

36. Withdrawal or Resignation While Charges Pending

Students: If a student has an allegation pending for violation of the Policy on Equal Opportunity, Harassment, and Nondiscrimination, Hope College may place a hold on a student’s ability to graduate and/or to receive an official transcript/diploma.

学生是否应该决定不参与决议过程,在没有他们参与合理决议的情况下,决议过程继续进行?如果学生被申请人永久退出希望学院,解决程序结束,希望学院不再对退出学生有纪律管辖权?世界杯荷兰vs厄瓜多尔走地

However, Hope College will continue to address and remedy any systemic issues, variables that may have contributed to the alleged violation(s), and any ongoing effects of the alleged harassment, discrimination, and/or retaliation. The student who withdraws or leaves while the process is pending may not return to Hope College. A hold will be placed on their ability to be readmitted. They may also be barred from Hope College property and/or events.

If the student Respondent only 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 Hope College unless and until all sanctions have been satisfied.

During the resolution process, Hope College may put a hold on a responding student’s transcript due to the pending disciplinary matter.

Employees: Should an employee Respondent resign with unresolved allegations pending, the resolution process ends, as Hope College no longer has disciplinary jurisdiction over the resigned employee.

However, Hope College will continue to address and remedy any systemic issues, variables that contributed to the alleged violation(s), and any ongoing effects of the alleged harassment or discrimination.

因未解决的指控而辞职的员工没有资格重新受雇于希望学院,由EOC协调员保留的记录将反映这一地位。世界杯荷兰vs厄瓜多尔走地

All Hope College responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.

37. Appeals

Any party may file a request for appeal (“Request for Appeal”), but it must be submitted in writing to the EOC Coordinator within 5 business days of the delivery of the Notice of Outcome.

平等机会委员会协调员将从候选名单中选出一个三人上诉小组。此前没有任何上诉小组成员参与这一过程,包括在这一过程早期可能听取的任何解雇上诉。将指定一名上诉小组的投票主席。

The Request for Appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal (a Review for Standing).

This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

a.Grounds for Appeal

Appeals are limited to the following grounds:

  • Procedural irregularity that affected the outcome of the matter;
  • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
  • EOC协调员、调查员或决策者对投诉人或被投诉人或被投诉人存在利益冲突或偏见,或对影响事件结果的特定投诉人或被投诉人存在利益冲突或偏见;and
  • 所施加的制裁超出了希望学院为该罪行指定的制裁范围和被申请人的累计记录。世界杯荷兰vs厄瓜多尔走地

如果上诉请求中的任何理由不符合本政策中的理由,主席将拒绝该请求,当事人及其顾问将被书面通知拒绝和理由。

If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the EOC Coordinator or Chair will notify the other party(ies) and their Advisors and, when appropriate, the Investigators and/or the original Decision-maker(s).

The other party(ies) and their Advisors and, when appropriate, the Investigators and/or the original Decision-maker(s) will be mailed, emailed, and/or provided a hard copy of the request with the approved grounds and then be given three (3) business days to submit a response to the portion of the appeal that was approved and involves them. All responses will be forwarded by the EOC Coordinator or Chair to all parties for review and comment.

The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If so, that will be reviewed for standing by the Appeal Chair and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the Investigator(s) and/or original Decision-maker(s), as necessary, who will submit their responses in three (3) business days, which will be circulated for review and comment by all parties.

Neither party may submit any new requests for appeal after this time period. The Appeal Chair will collect any additional information needed and all documentation regarding the approved grounds and the subsequent responses will be shared with the Appeal Panel, and the Panel will render a decision in no more than three (3) to five (5) business days, barring exigent circumstances. All decisions are by majority vote and apply the preponderance of the evidence standard.

A Notice of Appeal Outcome will be sent to all parties simultaneously including the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which Hope College is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent Hope College is permitted to share under state or federal law.

通知将以书面形式发出,并可通过以下一种或多种方式发送:亲自发送、邮寄到双方官方机构记录中显示的当地或永久地址,或通过电子邮件发送到双方希望学院发行的电子邮件或其他批准的帐户。世界杯荷兰vs厄瓜多尔走地一旦邮寄、电子邮件和/或亲自收到,通知将被推定为送达。

b.Sanctions Status during the Appeal

因聆讯而施加的制裁在上诉过程中不会生效。可恢复支持措施,但须遵守上述相同的支持措施程序。

If any of the sanctions are to be implemented immediately post-hearing, then emergency removal procedures (detailed above) for a hearing on the justification for doing so must be permitted within 48 hours of implementation.

Hope College may still place holds on official transcripts, diplomas, graduations, and course registration pending the outcome of an appeal when the original sanctions included separation.

c.Appeal Considerations

  • Decisions on appeal are to be deferential to the original decision, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so.
  • Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the specific grounds for appeal.
  • An appeal is not an opportunity for Appeal Decision-makers to substitute their judgment for that of the original Decision-maker(s) merely because they disagree with the finding and/or sanction(s).
  • 如有必要,上诉主席/小组可与平等选举委员会协调员就程序或理由问题进行磋商,以便作出澄清。所有此类协商的文件将予以保存。
  • Appeals granted based on new evidence should normally be remanded to the original Investigator(s) and/or Decision-maker(s) for reconsideration. Other appeals may be remanded at the discretion of the EOC Coordinator or, in limited circumstances, decided on appeal.
  • 一旦上诉被决定,结果是最终的:不允许进一步上诉,即使决定或制裁被改变(除了在新的听证会的情况下)。
  • 在少数情况下,原决策者无法纠正程序错误(如存在偏见),上诉可以下令由新的决策者举行新的听证会。
  • 新听证会的结果可以根据三种上诉理由中的任何一种提出上诉。
  • 如果上诉结果是恢复到希望学院或恢复特权,我们会尽一切合理的努力恢复被申请人先前的地位,因为我们认识到一些失去的机会世界杯荷兰vs厄瓜多尔走地可能在短期内无法挽回。

38. Long-Term Remedies/Other Actions

Following the conclusion of the resolution process, and in addition to any sanctions implemented, the EOC Coordinator may implement additional long-term remedies or actions with respect to the parties and/or the campus community that are intended to stop the harassment, discrimination, and/or retaliation, remedy the effects, and prevent reoccurrence.

These remedies/actions may include, but are not limited to:

  • Referral to counseling and health services
  • Referral to the Employee Assistance Program
  • Education to the individual and/or the community
  • Permanent alteration of housing assignments
  • Permanent alteration of work arrangements for employees
  • Provision of campus safety escorts
  • Climate surveys
  • Policy modification and/or training
  • Provision of transportation accommodations
  • Implementation of long-term contact limitations between the parties
  • Implementation of adjustments to academic deadlines, course schedules, etc.

在EOC协调员的自由裁量权下,即使没有发现违反政策的情况,也可以向双方提供某些长期支持或措施。

When no policy violation is found, the EOC Coordinator will address any remedies owed by Hope College to the Respondent to ensure no effective denial of educational access.

世界杯荷兰vs厄瓜多尔走地希望学院将保留任何长期补救/行动/措施的隐私,前提是隐私不损害希望学院提供这些服务的能力。

39. Failure to Comply with Sanctions and/or Interim and Long-term Remedies and/or Responsive Actions

All Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the final Decision-maker(s) (including the Appeal Panel).

不遵守规定日期的处罚/行动,无论是拒绝、忽视或任何其他原因,都可能导致额外的处罚/行动,包括停学、开除和/或终止希望学院的学业。世界杯荷兰vs厄瓜多尔走地

A suspension will only be lifted when compliance is achieved to the satisfaction of the EOC Coordinator.

40. Recordkeeping

Hope College will maintain for a period of at least seven years records of:

  1. Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;
  2. Any disciplinary sanctions imposed on the Respondent;
  3. Any remedies provided to the Complainant designed to restore or preserve equal access to Hope College’s education program or activity;
  4. Any appeal and the result therefrom;
  5. Any Informal Resolution and the result therefrom;
  6. All materials used to train EOC Coordinators, Investigators, Decision-makers, and any person who facilitates an Informal Resolution process. Hope College will make these training materials publicly available on Hope College’s website; and
  7. Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including:
    1. The basis for all conclusions that the response was not deliberately indifferent;
    2. Any measures designed to restore or preserve equal access to Hope College’s education program or activity; and
    3. If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Hope College will also maintain any and all records in accordance with state and federal laws.

APPENDIX C – STATEMENT OF RIGHTS OF THE PARTIES

  • The right to an equitable investigation and resolution of allegations of prohibited harassment or discrimination made in good faith to Hope College officials.

  • The right to timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions.
  • 有权及时书面通知对指控的任何重大调整(例如,额外的事件或指控、额外的投诉人、未经证实的指控),以及为澄清可能涉及的政策违规而需要的任何随之而来的调整。

  • The right to be informed in advance of any public release of information regarding the allegation(s) or underlying incident(s), whenever possible.

  • The right not to have any personally identifiable information released to the public without consent provided, except to the extent permitted by law.

  • 被希望学院官员尊重的权利。世界杯荷兰vs厄瓜多尔走地

  • The right to have Hope College policies and procedures followed without material deviation.

  • The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.

  • The right not to be discouraged by Hope College officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities.

  • The right to be informed by Hope College officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by Hope College authorities in notifying such authorities, if the party so chooses. This also includes the right not to be pressured to report, as well.

  • The right to have allegations of violations of this Policy responded to promptly and with sensitivity by Hope College Campus Safety and/or other Hope College officials.

  • 有权了解现有的临时行动和支助措施,例如咨询;宣传;卫生保健;学生财政援助;或其他服务,在校园和社区。世界杯英格兰队vs丹麦队足彩

  • 当一个人从事或威胁从事跟踪、威世界杯荷兰vs厄瓜多尔走地胁、骚扰或其他对当事人或他人的福利构成危险的不当行为时,有权获得希望大学实施的禁止接触令(或针对非附属第三方的禁止侵入令)。

  • The right to be informed of available assistance in changing academic, living, and/or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either campus or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:
    • Relocating an on-campus student’s housing to a different on-campus location
    • Changing an employee’s work environment (e.g., reporting structure, office/workspace relocation)
    • Transferring class sections
    • Campus safety escorts
    • Alternative course completion options.

  • The right to have Hope College maintain such actions for as long as necessary and for supportive measures to remain private, provided privacy does not impair the Hope College’s ability to provide the supportive measures.

  • The right to receive sufficiently advanced, written notice of any meeting or interview involving the other party, when possible.

  • The right to ask the Investigator(s) and Decision-maker(s) to identify and question relevant witnesses, including expert witnesses.

  • 有权向调查员/决策者提供一份问题清单,如果调查员/主席认为该问题相关,则可向任何一方或证人询问。

  • 不得将无关的既往性史或性格作为证据的权利。

  • 对已获得的相关和直接相关证据的知情权和对该证据作出回应的权利。

  • The right to fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.

  • The right to receive a copy of the investigation report, including all factual, policy, and/or credibility analyses performed, and all relevant and directly related evidence available and used to produce the investigation report, subject to the privacy limitations imposed by state and federal law, prior to the hearing, and the right to have at least ten (10) business days to review the report prior to the hearing.

  • The right to respond to the investigation report, including comments providing any additional relevant evidence after the opportunity to review the investigation report, and to have that response on the record.

  • 有权在有关的情况下,在作出裁定之前,被告知所有证人的姓名,其资料将被用来作出裁定。

  • The right to regular updates on the status of the investigation and/or resolution.

  • The right to have reports of alleged Policy violations addressed by Investigators, EOCC Coordinators, and Decision-maker(s) who have received relevant required training.

  • The right to preservation of privacy, to the extent possible and permitted by law.

  • 有权参加不向公众开放的会议、访谈和/或听证会。

  • 在此过程中,希望学院的任何代表都有权利申请基于取消资格的偏见和世界杯荷兰vs厄瓜多尔走地/或利益冲突而回避。

  • The right to have an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process.

  • The right to the use of the appropriate standard of evidence, preponderance of the evidence, to make a finding after an objective evaluation of all relevant evidence.

  • The right to be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing.

  • 在确定对任何指控的责任后,但在制裁之前,有权要求决策者考虑影响陈述。

  • The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and sanction(s) in Process B and a detailed rationale therefore (including an explanation of how credibility was assessed), delivered simultaneously (without undue delay) to the parties.

  • The right to be informed in writing of when a decision by Hope College is considered final and any changes to the sanction(s) that occur before the decision is finalized.

  • The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by Hope College.

  • 在这些程序中定义的获得基本公平解决的权利。

This Policy was adapted from the ATIXA 2020 ONE POLICY, TWO PROCEDURES MODELTHROUGH A LIMITED LICENSE TO HOPE COLLEGE.ALL OTHER RIGHTS RESERVED.©2020. ATIXA

NOTES:

  1. Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility in this Policy.
  2. For the purpose of this policy, Hope College defines “student” as any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing relationship with Hope College.
  3. OCR和平等就业机会委员会对第九条就业索赔有管辖权。
  4. For the purpose of this policy, privacy and confidentiality have distinct meanings. Privacy means that information related to a complaint will be shared with a limited number of Hope College employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report. All employees who are involved in the Hope College’s response to notice under this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the Hope College’s FERPA policy. The privacy of employee records will be protected in accordance with Human Resources policies. Confidentiality exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses, and others, with their patients, clients, parishioners, and spouses. Hope College has designated individuals who have the ability to have privileged communications as Confidential Resources. For more information about Confidential Resources, see page 22. When information is shared by a Complainant with a Confidential Resource, the Confidential Resource cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there is a concern that the individual will likely cause serious physical harm to self or others; or (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities. Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the federal Clery Act. Other information may be shared as required by law.
  5. Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is below the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.
  6. Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is below the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.
  7. 16 in the State of Michigan, per state law.
  8. Violation of this section are typically a Human Resources/Employee Relations matter and will not be addressed under this resolution process unless the elements of the definition of harassment are met.
  9. The state of Michigan does not specifically define consent, but Criminal Sexual Conduct laws explicitly state consent can be absent based on age, mental challenges or incapacitation. While we use the definition outlined in the policy to address campus policy violations, MI penal code section 750.520 should be reviewed as it is applicable to criminal prosecutions for sex offenses in Michigan.
  10. Bondage, discipline/dominance, submission/sadism, and masochism.
  11. 除非在州法律和/或其他大学政策规定的情况下,如青年保护政策。
  12. VAWA是1994年颁布的《针对妇女的暴力法案》(Violence Against Women Act),在南加州大学42条第13701至14040条中被部分编入法典。
  13. All references herein to the EOC Coordinator also include a designee of the EOC Coordinator.
  14. If circumstances require, the President or EOC Coordinator will designate another person to oversee the process below should an allegation be made about the EOC Coordinator or the EOC Coordinator be otherwise unavailable or unable to fulfill their duties.
  15. 顾问不能在制度上扮演相互冲突的角色,例如在该问题上发挥积极作用的第九条行政管理人员,或必须监督和实施制裁的主管。顾问可能包括律师、辩护人或支持人员。Witnesses are not entitled to Advisors within the process, though they can be advised externally.
  16. If circumstances require, the President or EOC Coordinator will designate another person to oversee the process below should an allegation be made about the EOC Coordinator or the EOC Coordinator be otherwise unavailable or unable to fulfill their duties.
  17. These dismissal requirements are mandated by the 2020 Title IX Regulations, 34 CFR Part 106.45.
  18. 顾问不能在制度上扮演相互冲突的角色,例如在该问题上发挥积极作用的第九条行政管理人员,或必须监督和实施制裁的主管。
  19. The final investigation report may be shared using electronic means that preclude downloading, forwarding, or otherwise sharing.