23. Resolution Process for Alleged Violations of the Policy on Sexual Misconduct

• 02. Report or Complaint

  When the College receives a report of potential sexual misconduct, in most cases outreach will be done by the Title IX Coordinator to the Complainant to identify reporting options (discussed in another section) within and outside the College and to offer interim supportive measures.  
  Upon receipt of a formal complaint of a violation of this policy, the Title IX Coordinator will promptly conduct an initial assessment to determine the next steps the College needs to take. The College will initiate at least one of three responses: 

  1. Provide the Complainant with assistance and support only, based on the Complainant’s request that the College not take action, where that request is not clearly unreasonable. 
  2. Determine that the circumstances satisfy the jurisdictional requirements of Title IX at 34 CFR 106.45 and resolve the complaint under this Policy’s informal or formal resolution procedures. 
  3. Determine that the circumstances do not satisfy the jurisdictional requirements of Title IX at 34 CFR 106.45 and dismiss the complaint under Title IX, but resolve the complaint under other policies and procedures, as applicable. 

  The investigation and grievance process will determine whether or not the Policy has been violated. If so, the College will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to sexual misconduct, its potential recurrence, or effects. 

  a. Dismissal (Mandatory and Discretionary) 

  The College must dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that: 

  1. At the time of filing the formal complaint, a Complainant is not participating in or attempting to participate in the education program or activity of the College; and/or 
  2. The conduct alleged in the formal complaint would not constitute sexual misconduct as defined in the Policy above, even if proven; and/or 
  3. The conduct alleged did not occur in an educational program or activity of the College, nor did it occur in any building owned or controlled by a student organization that is officially recognized by the College; and/or 
  4. The conduct did not occur against a person in the United States. 

  The College may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing: 

  1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or 
  2. The Respondent is no longer enrolled in or employed by the College; or 
  3. Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal Complaint or allegations therein. 
  4. If the allegations are deemed to have no merit to feasibly proceed with charges, the Complainant shall be informed of the decision and provide rationale for the decision after the Title IX Coordinator further consults with the Title IX Team.

  Upon dismissing the Complaint, the College will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties. This dismissal decision is appealable by any party. A Complainant who decides to withdraw a Complaint may later request to reinstate or refile it. 

  Dismissing a complaint under Title IX may be procedural, and does not necessarily limit the College’s authority to address a complaint with an appropriate process and remedies. If the Title IX Coordinator determines that the misconduct alleged does not fall within the scope of Title IX, other policies such as the Luther College’s Bias Incident, Hate Act, Hate Crime, Discrimination, and Harassment Policy or the Code of Conduct Sexual Misconduct Policy may apply and the matter may be referred for resolution. 

• 03. Counterclaims

  The College permits the filing of counterclaims but uses an initial assessment, described above, to  assess whether the allegations in the counterclaim are made in good faith. The College is obligated  to ensure that the grievance process is not abused for retaliatory purposes. Counterclaims by the  Respondent may be made in good faith, but are, on occasion, also made for purposes of retaliation.  Counterclaims made with retaliatory intent will not be permitted.  

  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, in most circumstances, will be resolved through the same investigation and the same hearing, at the discretion of the Title IX Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this policy. 

• 04. Right to an Advisor

  The parties may each have an advisor of their choice, at their expense, present with them for all meetings and interviews within the resolution process, if they so choose. The parties may select whoever they wish to serve as their advisor. The party should choose an Advisor who can be consistently available to attend meetings during business hours. The College will attempt to schedule meetings at mutually convenient times, but cannot unduly delay the process to accommodate an advisor with limited availability. 

  The College may permit parties to have one additional support advisor in the waiting room for a hearing, such as an advocate, upon special request to the Title IX Coordinator a week in advance of the hearing. The decision to grant this request is at the sole discretion of the Title IX Coordinator and will be granted equitably to all parties should each party request it.

  a. Who Can Serve as an Advisor 
  The advisor may be a friend, mentor, family member, attorney (at the party’s own cost), or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose advisors from inside or outside of the College community. 

  The Title IX Coordinator will also offer to assign an advisor for any party if the party so chooses. If the parties choose an advisor from the pool available from the College, the advisor will be trained by the College and be familiar with the College’s resolution process. 

  If the parties choose an advisor from outside the pool of those identified by the College, the Advisor may not have been trained by the College and may not be familiar with the College’s 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, although parties are encouraged to have one. 

  b. Advisors in Hearings/College-Appointed Advisor 

  Under U.S. Department of Education regulations applicable to Title IX, the opportunity to conduct cross-examination is provided during the hearing. Cross-examination must be conducted by the parties’ advisors; the parties are not permitted to directly cross-examine each other or any witnesses. If a party does not have an advisor for a hearing, the College will appoint an advisor for the limited purpose of conducting any cross-examination. 

  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, the College will dismiss that advisor and appoint one. If the College must appoint an advisor, the selection of the advisor will be the Title IX Coordinator’s sole discretion. 

  c. Advisor’s Role 

  The parties may be accompanied by their advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. 

  d. Pre-Interview Meetings 

  All advisors must sign a Luther College Advisor Agreement Form prior to serving for a case as to understand the role and the College’s policies and procedures. Advisors are not able to speak for the parties during the investigative process. 

  e. Advisor Violations of College Policy 

  All advisors are subject to the same College policies and procedures, whether they are attorneys or not. Advisors are expected to advise their party without disrupting proceedings. Advisors should not address College officials in a meeting or interview. The advisor may not make a presentation or represent their party during any meeting or proceeding and may not speak on behalf of the party to the investigator(s) or other Luther College Hearing Board members except during a hearing proceeding and specifically to conduct cross-examination. 

  The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the advisor generally may not speak on behalf of their party, the advisor may consult with their party, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their advisors should ask for breaks to allow for private consultation. 

  If an advisor disrupts or otherwise fails to respect the limits of the advisor role, the meeting will be ended or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the advisor’s non-compliance and future role. 

  f. Expectations of an Advisor 

  The College generally expects an advisor to adjust their schedule to allow them to attend the 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 and is still completed with typical business hours. The College may also make reasonable provisions to allow an advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available. 

  g. Sharing Information with the Advisor 

  The College expects that the parties may wish to have the College share documentation and evidence related to the allegations with their advisors. Parties may share this information directly with their advisor, but the advisor will be under the same expectations of privacy as the party. Doing so may help the parties participate more meaningfully in the resolution process. 

  These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the College. The College may seek to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s privacy expectations. The College may require both parties and their advisors to enter into a written agreement prohibiting the use or dissemination of evidence for any purpose other than those directly related to the parties’ participation in the resolution process. 

• 05. 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 the College policy. The College asks for discretion in minimizing the sharing of information so as to respect the sensitivity of this matter for all parties. 

  a. Alternative Resolution 

  Situations involving sexual misconduct are unique and present myriad difficulties for the students involved. Although Luther College believes that the formal grievance process is best equipped to address sexual misconduct within our community, the College recognizes that in some cases the parties’ needs may be best met by more flexible processes. Accordingly, the College has established a structured alternative resolution model that focuses on remedies, support, and accountability outside of the traditional grievance process as an additional option for Complainants. The Alternative Resolution is designed to eliminate the prohibited behavior, prevent its recurrence, and remedy its effects in a manner that meets the needs of the Complainant while still maintaining the safety of the overall campus community. 

  Alternative resolution is not appropriate in every case. Both parties must participate voluntarily in hopes of reaching a resolution agreement. Luther College will never pressure a Complainant or Respondent to participate in an alternative resolution or to agree to any particular outcome. To initiate alternative resolution, a Complainant needs to submit a formal complaint with the Title IX Coordinator. If a Respondent wishes to initiate alternative resolution, they should notify the Title IX Coordinator. Complaints in which the Respondent is an employee may not be resolved with alternative resolution. 

  In situations that present elevated risk to the campus community, the College may proceed with a formal conduct process even if the Complainant would prefer an alternative resolution. Those situations may include but not limited to: 

  • weapon was used or threatened
  • escalating behavior (such as relationship violence)
  • premeditated predatory behavior
  • minor (or other vulnerable adults) involved
  • In some cases, repeated pattern of behavior that suggests likelihood of future policy violations

  Additionally, the Title IX Coordinator may consider the following factors to assess whether alternative resolution is appropriate, or which form of alternative resolution may be most successful for the parties: 

  • The parties’ motivation to participate
  • Civility of the parties
  • Emotional investment/intelligence of the parties
  • Rationality of the parties
  • Goals of the parties
  • Willingness of the parties to participate in “good faith”
  • Adequate resources to invest in Alternative Resolution (time, staff, etc.)

  The Title IX Coordinator (or designee) must endorse the process itself and approve the agreed-upon outcome. Alternative resolution can include two different approaches: 

  • When the parties agree to resolve the matter through an alternative resolution mechanism of shuttle negotiation; 
  • When the Respondent acknowledges causing harm and desires to participate in the restorative justice resolution process; 

  To initiate alternative resolution, a Complainant needs to submit a formal Complaint. If a Respondent wishes to initiate alternative resolution, they should contact the Title IX Coordinator to indicate. 

  It is not necessary to pursue alternative resolution first in order to pursue a formal grievance process, and any party participating in Alternative Resolution can stop the process at any time and begin or resume the formal grievance process. 

  Participation in either format of alternative resolution is voluntary, so both parties have the right to terminate the alternative resolution at any time. If the alternative resolution fails, the Complainant may elect to revert the case back to an investigation phase of a formal grievance process. If any information is shared, discovered, or documented by the facilitator during an alternative resolution, that information will not be shared with the investigator if a formal process is initiated. 

  Participation in this process does not constitute a responsible finding of a policy violation and therefore is not reflected on a student’s disciplinary record. Alternative resolution often focuses on active accountability when addressing harm caused. 

  Prior to initiating alternative resolution, the College will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by the College. 

  The College will obtain voluntary, written confirmation of the Alternative Resolution Agreement Form that all parties wish to resolve the matter through alternative resolution before proceeding and will not pressure the parties to participate. 

  If the alternative resolution is successful, the Title IX Coordinator (or designee)will review the terms of the agreement and will draft a formal document confirming the agreement. Both parties will sign the agreement and will receive a copy of it. A resolution agreement is not final until both parties and the Title IX Coordinator have signed the formal agreement document. Results of Complaints resolved by alternative resolution are not appealable, and the parties will no longer have recourse to the formal student conduct process for the incident. 

  Alternative resolution agreements are binding on both parties. If either party fails to adhere to and meet the expectations of the alternative resolution agreement, they may be charged with Failure to Comply with directions of a Luther College official(s) as outlined in the Code of Conduct. 

  If the Respondent is found responsible for any violations of this policy in the future, information regarding the prior incident processed through the alternative resolution may be used in the sanctioning phase for the subsequent report. The Title IX Office will be responsible for maintaining records of all reports and conduct referred for the alternative resolution. 

  1. Restorative Justice Resolution 

  Restorative justice is a process in which the Respondent acknowledges harm caused by their actions; to the best of their ability, repairs the harm they caused to harmed parties and the community; and works to rebuild trust by showing an understanding of the harm, addressing personal issues, and building positive social connections. Restorative justice involves direct interactions between the parties involved (and others impacted) and is only appropriate in situations in which the Respondent is willing to take active accountability for their actions. 

  2. Shuttle Negotiated Resolution 

  Shuttle negotiation is a structured negotiation process in which a College facilitator, usually the Title IX Coordinator or case manager appointed by the Title IX Coordinator, helps the parties reach an agreement that meets their needs. Shuttle negotiation does not involve any direct interaction between the parties and is most effective in situations in which the Complainant has specific needs. 

  To determine whether a shuttle negotiation would be appropriate, the facilitator will meet with each party individually. Through these discussions, the facilitator will develop a list of topics over which negotiations will take place and attempt to identify any irreconcilable conflicts between the parties. Topics for discussion will vary based on the individual situation, but possibilities include academic course enrollments, residence hall selection, student work-study assignments, no-contact directives, an apology letter, and whether a student conduct policy violation will be assessed. 

  If the parties and the facilitator separately agree that a shuttle negotiation is likely to be productive, the facilitator will initiate the negotiation. The Complainant and Respondent, each with an advisor of their choice if desired, will be assigned to separate rooms. The facilitator will pass back and forth between the parties, discussing their needs and concerns. If there are issues that prevent the parties from participating in negotiations this way, the facilitator may instead choose to conduct the negotiation by telephone, video conference, or other means. 

  If the parties are able to come to terms on an agreement, the facilitator will document those terms and confirm them with the parties. Once the parties sign the document, the resolution is final. 

• 06. Title IX Personnel

  The formal grievance process relies on Title IX Personnel to carry out the process.

  a. Title IX Personnel 

  Title IX Personnel are trained annually, and can serve in in the following roles, at the direction of the Title IX Coordinator: 

  • To provide appropriate intake of and initial guidance pertaining to complaints   
  • To act as an advisor to the parties 
  • To serve in a facilitation role in informal resolution or alternative resolution if appropriately trained in appropriate resolution modalities 
  • To perform or assist with an initial assessment 
  • To investigate complaints 
  • To serve as a hearing chair (process administrator and facilitator, non-voting) 
  • To serve as the Luther College Hearing Board regarding the complaint 
  • To serve as a Campus Appeal Board members 

  b. Title IX Team 

  While the Title IX Team is typically trained in a variety of skill sets and can rotate among the different roles listed above in different cases, the College can also designate permanent roles for individuals in the team, 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 team that make them best suited to particular roles. 

  c. Title IX Team, Chairs, Employee Grievance Investigators, Hearing Board Members and Campus Appeal Board Members 

  These individuals receive annual training based on their respective roles on the topics of 1) impartiality, 2) avoiding prejudgment of facts at issue, 3) conflicts of interest and bias, 4) the College’s resolution processes, 5) issues of relevance and evidence, 6) the scope of the College’s educational programs and activities, 7) types ofsexual misconduct; and (8) how to conduct an investigation and hearing/appeal process that protects the rights, well-being, and safety of the parties, provides an equitable process for all parties involved, and promotes accountability. The materials used to train these individuals are publicly posted here: https://www.luther.edu/titleix/training-materials/ 

• 07. Formal Grievance Process: Notice of Investigation and Allegations

  Once the decision to commence a formal investigation is made, the Title IX Coordinator appoints two investigators to conduct the investigation, usually within two (2) business days of determining that an investigation should proceed. 

  The Title IX Coordinator will provide written notice of the investigation and allegations (the “NOIA”) to the Respondent upon commencement of the formal grievance process. This facilitates the Respondent’s ability to prepare for the interview and to identify and choose an advisor to accompany them if desired. The NOIA is also copied to the Complainant, who is to be given advance notice of when the NOIA will be delivered to the Respondent. 

  The NOIA will include: 

  • The identity of the involved parties (if known) 
  • The misconduct being alleged 
  • The date and location of the alleged incident(s) (if known) 
  • The policies implicated 
  • A statement that the College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination    
  • Information on the right to an advisor of their choosing 
  • A statement informing the parties that Luther 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 and formal grievance process 
  • The name(s) of the Investigator(s), along with a process to identify, in advance of the interview process, to the Title IX Coordinator any conflict of interest that the Investigator(s) may have 
  • The parties’ rights to review and comment on investigative evidence. 

  Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges. Parties will also be provided advance notice in writing of the date, time, location, participants, and purpose of any interview, hearing, or meeting in the investigation and resolution process. 

   

• 08. Resolution Timeline

  The College will make a good faith effort to complete the resolution process within sixty-to-ninety (60-90) business days, including appeal. This timeline can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties and an estimate of how much additional time will be needed to complete the process. 

  The investigation phase of the process is completed expeditiously, though some investigations may take weeks or even months, depending on the  nature, extent, and complexity of the allegations, availability, and volume of witnesses, law  enforcement involvement, etc.  

  The College may undertake a short delay in its investigation (several days to a few weeks) if  circumstances require. Such circumstances include but are not limited to: a request from law  enforcement or courts to temporarily delay the investigation, the need for language assistance, the absence  of parties and/or witnesses, and/or accommodations for disabilities, special circumstances or  health conditions.  

  The College will communicate in writing the anticipated duration of the delay and reason to the  parties and provide the parties with status updates if necessary. The College will promptly resume  its investigation and resolution process as soon as feasible. During such a delay, the College will  implement supportive measures as deemed appropriate.  

  The 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.  

• 09. Criminal Process

  The College formal grievance process and the criminal process are not mutually exclusive. This  means that an individual may pursue both complaint avenues at the same time, and students and  employees are encouraged to do so for any act of sexual misconduct that may constitute a crime. If  appropriate, the College may postpone its proceedings temporarily so as not to interfere with law  enforcement.  

  The College will produce records in response to a lawfully issued subpoena or court order without  the student or employee’s consent. When student records are requested the College will, if  allowed to do so by a subpoena, notify students of its intent to comply with as required by the  FERPA regulations at 34 CFR § 99.31(a)(9). The purpose of this advance notification requirement is  to afford the student an opportunity to contest the subpoena in court. 

• 10. Ensuring Impartiality

  Any individual materially involved in the administration of the resolution process including the Title  IX Coordinator, Investigator(s), and Hearing Board members may neither have nor demonstrate a  conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.  
  The Title IX Coordinator will review the assigned investigators 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  Title IX Coordinator will determine whether the concern is reasonable and supportable. If so,  another Title IX personnel 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 Title IX Coordinator, concerns should  
  be raised with the Director of Human Resources. 

  The formal grievance process involves an objective evaluation of all relevant evidence obtained, including evidence which supports that the Respondent engaged in a policy violation and evidence which supports that the Respondent did not engage in a policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. 

  Luther College presumes that the Respondent is not responsible for the alleged policy violation(s) unless and until the evidence supports a different determination made by the Luther College Hearing Board for a policy violation by the applicable standard of proof.

• 11. Steps in the Investigation Process

  All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses, and obtaining available relevant evidence, both inculpatory and exculpatory. 

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

  The investigator(s) typically take(s) the following steps (not necessarily in this order): 

  • Interview the Complainant and Respondents separately. Each party will be asked to participate in an initial interview and may be asked to participate in a follow-up interview(s) as needed. 
  • When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting. 
  • Interview all available, relevant witnesses and conduct follow-up interviews as necessary. 
  • Allow each party the opportunity to suggest relevant witnesses. 
  • Allow each party the opportunity to request an expert witness at the party’s personal expense. 
  • Complete the investigation promptly and without unreasonable deviation from the intended timeline. 
  • Provide regular status updates to the Title IX Coordinator throughout the investigation. 

  Neither party will be restricted in their ability to discuss the allegations or to gather and present relevant evidence; provided, however, that such communications shall not constitute harassment of or retaliation against any party. 

  Prior to the completion of the investigation report, the Complainant and Respondent and, unless directed otherwise by the respective parties, their advisors, will be provided the opportunity to inspect all evidence directly related to the allegations of the formal complaint, including both inculpatory and exculpatory evidence, and evidence that the College does not intend to rely on in reaching a determination. The College may require both parties and their advisors to enter into a written agreement prohibiting the use or dissemination of evidence for any purpose other than those directly related to the parties’ participation in the resolution process. 

  Complainant and Respondent will be given at least ten (10) days to inspect and review the evidence collected during the College’s investigation and to submit a written response the investigator(s) will consider in preparing a final investigation report. The parties can waive all or part of this inspection period. 

  The final investigation report will summarize the information and include any documents gathered.  The investigative report will not include determination of responsibility for the complaint itself. Complainant and Respondent will be given at least an additional ten (10) days after receiving a copy of the College’s final investigation report to respond to the investigation report, in writing. In their written response to the investigation report, Complainant and Respondent may provide written comments regarding the relevance of the evidence included in or excluded from the investigation report, provide factual or other corrections to the report, and otherwise provide context for the report. 

  The final investigation report will be distributed, concurrently, to both of the parties and the Title IX Coordinator at least ten (10) days prior to a hearing to determine responsibility.

• 12. Role and Participation of Witnesses in the Investigation

  Luther College encourages all individuals with relevant information to participate in the resolution process, and will support their participation. However, the College does not compel students to participate. Witnesses who are employees of the College are expected to cooperate with and participate in the College’s investigation and resolution process. 

  While in-person interviews for parties and all potential witnesses are ideal, circumstances (e.g., study abroad, summer break) may require individuals to be interviewed remotely. Zoom, Google Hangout, or similar technologies may be used for interviews if the Investigator(s) determine that timeliness or efficiency dictate a need for remote interviewing. The College will take appropriate steps to reasonably ensure the security/privacy of remote interviews. 

• 13. Recording of Interviews

  In some cases, investigators may utilize transcription recording software (such as Otter.ia/Zoom) to assist in capturing the statement of parties or witnesses. All involved parties must be made aware of audio and/or video recording. Recordings of the interviews will be deleted at the end of the appeal process and will not be maintained in the record keeping. Luther College does not permit any participant (party, advisor, or witness) to record (including audio and/or video) any meeting, interview, or hearing.

• 14. Evidentiary Considerations in the Investigation and Hearing

  The investigation does not consider questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior unless such questions and evidence 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. 

  The investigator(s) will only access, consider, disclose, or otherwise use a party’s treatment records made or maintained by a health care provider, or other records protected under a legally recognized privilege if the party provides the investigator(s) with voluntary, written consent to do so.

• 15. Referral for Hearing

  Provided that the Complaint is not resolved through alternative resolution, once the final investigation report is shared with the parties, the Title IX Coordinator will refer the matter for a hearing. 

  The Title IX Coordinator will select an appropriate Chair (non-voting member) for the Luther College Hearing Board, considering factors such as availability, conflict of interest, and whether the Respondent is an employee or a student. On a case-by-case basis, the College reserves the right to contract with outside legal representation to chair individual cases. 

• 16. Hearing Board Composition

  For cases in which the Respondent is a student: A quorum for the hearing board consists of five voting members with at least one student, one faculty member, and the Chair. Student members cannot be the majority of the board composition. The Chair and Title IX Coordinator will appoint the board members, considering factors such as availability, conflict of interest, and whether the Respondent is faculty or staff. 

  For cases in which the Respondent is an employee: A quorum for the hearing board consists of three voting members, with at least one staff member and at least one faculty member. Student members will not hear employee cases. The Title IX Coordinator and Chair will appoint the board members, considering factors such as availability, conflict of interest, and whether the Respondent is a faculty or staff member.

• 17. Disciplinary History

  Previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility. This information is only considered at the sanction stage of the process. 

• 18. Evidentiary Standard

  After post-hearing deliberation, the hearing board renders a determination based on the preponderance of the evidence; whether it is “more likely than not” that the Respondent violated the Policy as alleged. 

• 19. Notice of Hearing and Charges

  No less than ten (10) days prior to the hearing, the Chair or the Title IX Coordinator will send notice of the hearing and charges to the parties. 

  The notice will contain: 

  • The time, date, and location of the hearing. 
  • Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the Hearing Board and parties to see and hear a party or witness answering questions. Such a request must be raised with the Chair or Title IX Coordinator a week prior to the hearing. 
  • A list of all those who will attend the hearing, along with an invitation to object to any Hearing Board Members on the basis of demonstrated bias. This must be raised with the Title IX Coordinator a week prior to the hearing. 
  • Information on how the hearing will be recorded and on access to the recording for the parties after the hearing for appeals purposes. 
  • A statement that if any party or witness called does not appear at the scheduled hearing, the hearing may be held in their absence, and the party’s or witness’s testimony and any statements given prior to the hearing likely will not be considered by the Hearing Board. For compelling reasons, the Chair may reschedule the hearing. 
  • 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 Title IX Coordinator a week prior to the hearing if they do not have an advisor, and the College will appoint one. Each party must have an advisor present. 
  • An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least a week days prior to the hearing. 
  • Parties may not bring mobile phones or electronic/recording devices into the hearing. 

  Hearings for possible violations that occur near or after the end of an academic term (for example, during finals, break periods, January Term, or over the summer) 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 and goal for resolution. During those times when classes are not in session, the hearing board shall be composed of at least one faculty member, one staff member, and one student member.

• 20. Alternative Hearing Participation Options

  If a party or parties prefer not to attend or cannot attend the hearing in person, the party should request alternative arrangements from the Title IX Coordinator or the Chair a week prior to the hearing. 

  The Title IX Coordinator or the Chair can arrange to use technology to allow remote testimony without compromising the fairness of the hearing. Remote options may also be needed for witnesses who cannot appear in person. Any witness who cannot attend in person should let the Title IX Coordinator or the Chair know a week prior to the hearing or in ideal situations during the investigation so that appropriate arrangements can be made. 

• 21. Pre-Hearing Preparation

  The chair, after any necessary consultation with the parties, investigator(s) and/or Title IX Coordinator, 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 a week prior to the hearing. 

  Prior to the hearing in a timely manner, the chair will notify the parties in advance which witnesses (including Complainant or Respondent) the Hearing Board would like to be present at the hearing. The chair or designee will notify these witnesses of the hearing date and time and that their presence has been requested. Any witness called by the chair will also be expected to answer questions from the parties. 

  • When notifying the parties of these witnesses, the chair will also request the parties identify any additional witnesses they wish to have present at the hearing for cross-examination. 
  • The chair or designee will notify relevant witnesses of the hearing date and time and that their presence has been requested by the party for cross-examination. 

  Any witness (including expert witnesses) scheduled to participate in the hearing must have been first interviewed by the investigator(s) or have proffered a written statement or answered written questions, 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 may either delay the hearing or notify the parties that they may file an appeal to have the evidence considered. 

  The parties will be given a list of the Hearing Board members in a timely manner to allow for recusals to occur in advance of the hearing. All objections to any hearing board members must be raised in writing, detailing the rationale for the objection, and must be submitted to the Title IX Coordinator or chair as soon as possible and no later than a week to the hearing. Hearing Board members will only be removed if the Title IX Coordinator concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s). 

  Any hearing board member who cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties and witnesses in advance of the hearing. If a Hearing Board member is unsure of whether a bias or conflict of interest exists, they must raise the concern to the Title IX Coordinator or Chair as soon as possible. 

  During the ten (10) day period prior to the hearing, the parties have the opportunity for continued review on the final investigation report and available evidence. 

   

• 22. Pre-Hearing Meetings

  The chair, in consultation with the Title IX Coordinator, may convene a pre-hearing meeting(s) with the parties to invite them to submit the questions or topics they wish to ask or discuss at the hearing, so that the chair can consider and discuss their relevance ahead of time. However, this advance review discussion does not preclude a party from introducing evidence or an advisor from asking any cross-examination question at hearing. 

  The chair, with the agreement of both parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the investigator(s) in the investigation report or during the hearing. 

  At each pre-hearing meeting with a party and their advisor, the chair and/or Title IX Coordinator (or in consultation with legal counsel) 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 rule on these arguments pre-hearing and will exchange those rulings between the parties prior to the hearing to assist in preparation for the hearing. 

  The pre-hearing meeting(s) will not be recorded.

• 23. Hearing Procedures

  At the hearing, the Hearing Board has the authority to hear and make determinations on all allegations of sexual misconduct and/or retaliation. Participants at the hearing may include the chair, hearing board members, if necessary, the investigator(s) who conducted the investigation, the parties or organizational representatives when an organization is the Respondent, Advisors to the parties, any called witnesses, the Title IX Coordinator, legal counsel retained by the College, and anyone providing authorized accommodations or assistive services. 

  The chair or Title IX Coordinator will answer all questions of procedure. Anyone appearing at the hearing to provide information (such as a witness, expert witness, or investigator) will respond to questions on their own behalf. 

  The chair will allow witnesses who have relevant information to appear at a portion of the hearing in order to respond to specific questions from the hearing board and the parties’ advisors and will then be excused. 

• 24. 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. 

  However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent with respect to each alleged policy violation. 

• 25. The Order of the Hearing – Introductions and Explanation of Procedure

  The chair explains the procedures and introduces the participants. 

  The chair conducts the hearing according to a hearing script. The chair facilitates the recording, witness logistics, party logistics, curation of documents, separation of the parties, and other  administrative elements of the hearing process with assistance provided by the Title IX Coordinator. The hearing typically begins with opening statements from the parties sharing vital content, series of questioning, questioning of witnesses, cross-examination, final questioning, and closing statements. 

• 26. Testimony and Questioning

  At times, the investigator(s) may be present at hearings and questioned, the parties and witnesses may provide relevant information in turn, beginning with the Complainant and then in the order determined by the chair. The parties/witnesses will submit to questioning by the hearing board and then by the parties through their advisors (“cross-examination”). 

  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 disallowed as irrelevant. 

  The chair may explore arguments regarding relevance with the advisors, on or off the record, if the chair so chooses. The chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The chair will explain any decision to exclude a question as not relevant. 

  The chair has final say on all questions and determinations of relevance. The chair may consult with the Title IX Coordinator or 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 arguments from the advisors on relevance once the chair has ruled on a question. 

• 27. Refusal to Submit to Cross-Examination and Inferences

  The hearing board may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer cross-examination or avail themselves to other questions. 

  If a party’s advisor of choice refuses to comply with the College’s established rules of decorum for the hearing, the College may require the party to use a different advisor. If a College-provided advisor refuses to comply with the rules of decorum, the College may provide that party with a different advisor to conduct cross-examination on behalf of that party. 

• 28. Recording Hearings

  Hearings (but not deliberations) are recorded by the 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 chair, the parties, their advisors, and appropriate administrators of the College will be permitted to listen to the recording in a controlled environment determined by the Title IX Coordinator. No person will be given or be allowed to make a copy of the recording without permission of the Title IX Coordinator. 

• 29. Deliberation, Decision-making, and Standard of Proof

  The Luther College Hearing Board will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. A simple majority vote is required to determine the finding. The preponderance of the evidence standard of proof is used. The Title IX Coordinator may be invited to attend the deliberation by the chair, but is there only to facilitate procedurally and take notes, not to address the substance of the allegations. 

  The hearing board will review any pertinent conduct history provided by the Assistant Dean and Director of Student Rights and Responsibilities or the Director of Human Resources. Then the board will determine the appropriate sanction(s). 

• 30. Notice of Outcome

  The chair, in collaboration with the Title IX Coordinator, will prepare a written Notice of Outcome detailing the determination, rationale, the evidence used in support of its determination, the evidence disregarded, credibility assessments, and any sanctions. 

  At the discretion of the Title IX Coordinator, the Notice of Outcome may be reviewed by legal counsel. The chair will then share the Notice of Outcome simultaneously with the parties and their advisors. 

  The Notice of Outcome will be in writing and 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 College is permitted to share such information under state or federal law; any sanctions issued which the College is permitted to share according to state or federal law; and any remedies provided to the Complainant designed to ensure access to the College’s educational or employment program or activity, a description of the procedural steps taken to the extent the 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). 

  The Notice of Outcome will also include information on when the results are considered by the College to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options. 

• 31. 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 
  • The Respondent’s role and level of responsibility at the College 
  • Previous allegations or allegations involving similar conduct 
  • The need for sanctions/responsive actions to bring an end to the misconduct, and/or retaliation 
  • The need for sanctions/responsive actions to prevent the future recurrence of misconduct, and/or retaliation 
  • The need to remedy the effects of the misconduct, and/or retaliation on the Complainant and the community 
  • The impact on the parties 
  • Institutional precedent for how similar infractions have been addressed 
  • Any other information deemed relevant by the hearing board 

  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 range of sanctions that may be imposed upon students or organizations singly or in combination: 

  • Unilateral No Contact Directive: A mandate to have no avoidable contact with one or more individuals. May include restrictions from being present in another student’s classes, residence hall, or student organizations. 
  • Educational Sanctions: A directive to complete specified educational programs or projects to better comprehend the misconduct and its effects. 
  • Mental Health or Substance Abuse Evaluation: A mandate to meet with and engage in either College-sponsored or external counseling to better comprehend the behavior and its effects or contributing factors thereto, such as substance abuse, anger management, or other mental health issues. 
  • Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact directives, and/or other measures deemed appropriate. 
  • Residence Hall Suspension: Termination of a student’s right to live or be present in College-owned housing for a definite period of time. 
  • Suspension: Termination of student status for a definite period of time not to exceed three 
  • years and/or until specific criteria are met
  • Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend College-sponsored events. 
  • Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges (including College registration) for a specified period of time. 
  • Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate. 

  In all cases, the Luther College Hearing Board and Campus Appeals Board reserve the right to broaden or lessen any range of recommended sanctions to address mitigating circumstances or repeated or egregious behavior. 

  b. Employee Sanctions 

  The following are the range of sanctions that may be imposed upon employees singly or in combination: 

  • Unilateral No-Contact Directive 
  • Educational sanctions 
  • Required counseling 
  • Imposition of performance improvement plan 
  • Probation 
  • Loss of annual pay increase 
  • Loss of oversight or supervisory responsibility 
  • Demotion or job reassignment 
  • Suspension, with or without pay 
  • Revocation or denial of tenure for a specified period of time 
  • Termination of employment 
  • Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate. 

  In all cases, the Luther College Hearing Board and Campus Appeals Board reserve the right to broaden or lessen any range of recommended sanctions to address mitigating circumstances or repeated or egregious behavior. 

• 32. Withdrawal or Resignation While Charges Pending

  Should a student decide to not participate in the resolution process, the process may proceed absent their participation to a reasonable resolution. Should a student Respondent permanently withdraw from the College, the resolution process ends, as the College no longer has disciplinary jurisdiction over the withdrawn student. The student who withdraws or leaves while the process is pending may not return to Luther College. A hold will be placed on their ability to be readmitted. They may also be barred from College property and/or events. 

  However, the 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 misconduct, and/or retaliation. 

  If the student Respondent takes a temporary leave for a specified period of time (e.g., one semester or term), the resolution process will continue remotely and that student is not permitted to return to the College unless and until all resolution terms have been satisfied. 

  During the resolution process, the College may put a hold on a responding student’s record or dean’s disciplinary certification that a disciplinary matter is pending. 

  Employees: Should an employee Respondent resign with unresolved allegations pending, the resolution process ends, as the College no longer has disciplinary jurisdiction over the resigned employee. The employee who resigns with unresolved allegations pending is not eligible for rehire by the College, and the records retained by Human Resources will reflect that status. All College responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter. 

  However, the 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 misconduct. 

• 33. Appeals

  1. A decision reached by the Luther College Hearing Board may be appealed by either party to the Campus Appeals Board within seven days of the decision. Such appeals shall be in writing, stating the basis for the appeal, and shall be delivered to Ashley Benson, Dean of Student Engagement, at Dahl Centennial Union 266 or via email at [email protected]. 

  2. Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the hearing and supporting documents for one or more of the following purposes: 

  • a. Deviations from designated procedures within the investigation or adjudication processes, which could have affected the outcome 
  • b. A conflict of interest or the bias of the Title IX Coordinator, investigator or member of the Hearing Board sufficient to have affected the outcome 
  • c. To determine whether the sanctions imposed were appropriate for the violation of the Policy which the student or employee was found to have committed 
  • d. To consider new information or other relevant facts not brought out in the original hearing, sufficient to alter a decision, because such information and/or facts were not known or available to the person appealing at the time of the original hearing 

  The Campus Appeals Board does not substitute its own judgment for that of the original hearing body, nor concern itself with the possibility that others might have arrived at a different judgment. Its terms of reference extend only to investigation of the procedures by which the original judgment was reached. If any of the grounds in the Request for Appeal do not meet the grounds in this policy, that request will be denied by the Appeals Board Chair and the parties will be notified in writing of the denial and the rationale. 

  3. The Campus Appeals Board comprises three members including one faculty member, typically the chair of the Faculty Interest Committee; one student, typically the President of the Luther College Student Senate; and the Dean for Student Engagement. For cases in which the Respondent is an employee, the Title IX Coordinator will  appoint a replacement for the student member with an alternative hearing board member. If a member of the Campus Appeals Board  has a conflict of interest, the Title IX Coordinator will appoint a replacement. When appointing replacement members to the Campus Appeals Board, the Title IX Coordinator  will consider the role of the Respondent, availability, and conflicts of interest. During times  when classes are not in session, an appeal may be reviewed by the Dean of Student Engagement, who shall make an individual determination on the appeal.  

  4. The non-appealing party (if any) must be notified in writing of the appeal, and given an opportunity to provide a written statement challenging or supporting the appeal. 

  The appeals board chair will collect any additional information needed and all documentation regarding the approved grounds and the subsequent responses to be shared with the appeals board, and the Campus Appeals Board will render a decision in a timely and prompt manner, 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 and any sanctions. If an appeal is upheld by the Campus Appeals Board, the matter shall be returned to the original Hearing Board for re-opening of the case to allow reconsideration of the original determination. If an appeal is upheld with respect to sanctions, the Campus Appeals Board may adjust sanctions or choose to refer the case back to the Luther College Hearing Board for consideration of sanctions. If an appeal is not upheld, the matter shall be considered final and binding upon all involved. 

  a. Sanctions Status During the Appeal 

  Any sanctions imposed as a result of the hearing will be in effect during the appeal process. Supportive measures may be reinstated, subject to the same supportive measure procedures above. 

  b. Appeal Considerations 

  • 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, recording of the original hearing and pertinent documentation regarding the specific grounds for appeal. 
  • An appeal is not an opportunity for the Campus Appeal Board to substitute their judgment for that of the original Hearing Board merely because they disagree with the finding and/or sanction(s). 
  • The Campus Appeals Board may consult with the Title IX Coordinator on questions of procedure or rationale, for clarification, if needed. Documentation of all such consultation will be maintained. 
  • Appeals granted based on new evidence may be remanded to the original investigator(s) and/or hearing board for reconsideration. Other appeals may be remanded at the discretion of the Title IX Coordinator or, in limited circumstances, decided on appeal. 
  • Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing). When appeals result in no change to the finding or sanction, that decision is final. 
  • In rare cases where a procedural or substantive error cannot be cured by the original hearing board (as in cases of bias), the appeal may order a new hearing with a new hearing board. 
  • The results of a new hearing can be appealed, once, on any of the available appeal grounds.
  • In cases in which the appeal results in reinstatement to the College or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term. 

  All faculty members subject to termination by the Luther College Hearing Board and upheld by the Campus Appeals Board reserve the right to procedures outlined in section 410 of the Faculty Handbook. 

• 34. Long-Term Remedies/Other Actions

  Following the conclusion of the resolution process, and in addition to any sanctions implemented, the Title IX 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 sexual misconduct and/or retaliation, remedy the effects, and prevent reoccurrence. 

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

  • Referral to Counseling Service, College Ministries, and Health Service
  • Referral to the Employee Assistance Program 
  • Education to the individual and/or the community 
  • Permanent alteration of housing assignments 
  • Permanent priority on classroom registration 
  • Permanent alteration of work arrangements for employees 
  • Provision of campus safety escorts 
  • Climate surveys 
  • Policy modification and/or training 
  • Implementation of long-term contact limitations between the parties 
  • Implementation of adjustments to academic deadlines, course schedules, etc. 

  For long-term support or measures parties may be referred to other campus resources such as Case Management or Disability Services. When no policy violation is found, the Title IX Coordinator will address any remedies owed by the College to the Respondent to ensure there is no effective denial of educational access. 

• 35. 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 Luther College Hearing Board and Campus Appeals Board. 

  Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the College. 

  A Respondent will only be eligible for readmission from suspension when compliance is achieved to the satisfaction of the Title IX Coordinator and/or Director of Student Rights and Responsibilities.

• 36. Sexual Misconduct Outside the Policy’s Scope and Definitions

  If a formal complaint is filed which alleges sexual misconduct which falls outside the scope and definitions of this Policy and is dismissed, the Title IX Coordinator will refer the complaint as appropriate for adjudication under another policy or process, such as the College’s Bias Incident, Hate Act, Hate Crime, Discrimination, and Harassment Policy and Procedures or the Conduct or Code of Conduct Non-Title IX Sexual Misconduct Policy and Procedures.

  To the extent the complaint alleges dating violence, domestic violence, or sexual assault which fall outside the scope of the Policy (e.g., the alleged conduct occurred outside the United States or without substantial control over the respondent and the context in which the conduct occurred), the College shall nonetheless provide the following procedural rights to the parties in the applicable adjudication process: 

  1. The parties will each have the opportunity to participate in the investigatory and disciplinary process which is overseen by properly trained individuals. 
  2. The parties will each have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting or hearing. An advisor may only consult and advise his or her advisee, but not speak for the advisee at any meeting or hearing, except as expressly provided for in applicable procedures. 
  3. Decisions will be based on the preponderance of evidence standard. In other words, the investigator or adjudicator will determine if it is more likely than not that the respondent violated the applicable policy. 
  4. The parties will be notified simultaneously in writing of the outcome of any disciplinary proceeding, as well as any changes to those results or disciplinary actions prior to the time that such results become final. 
  5. If there is a right to appeal, the right is granted co-equally to the parties and the right will be explained in the applicable procedures. The parties will be notified simultaneously in writing of the final outcome of an appeal, if applicable. 

  College sanctions for such misconduct could include the range of sanctions detailed above. 

• 37. Recordkeeping

  Luther College will maintain for a period of at least seven (7) years records of: 

  1. Each sexual misconduct 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 the College’s education program or activity 
  4. Any appeal and the result therefrom 
  5. Any alternative resolution and the result therefrom 
  6. All materials used to train Title IX Coordinators, investigators, hearing board members, appeals board members, and any person who facilitates an alternative resolution process. The College will make these training materials publicly available on the College’s Title IX website 
  7. Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual misconduct, including: 
     1. The basis for all conclusions that the response was not deliberately indifferent b. Any measures designed to restore or preserve equal access to the College’s education program or activity 
     2. 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. 

• 38. Revision of this Policy and Procedures

  This Policy and procedures supersede any previous policy(ies) and will be reviewed and updated annually by the Title IX Coordinator. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. 

  During the resolution process, the Title IX Coordinator may make minor modifications to procedures in order to preserve the fairness owed the parties. The Title IX Coordinator may also vary procedures materially with notice (on the institutional website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Policy and procedures. 

  If government laws or regulations change – or court decisions alter – the requirements in a way that impacts this document, this document will be constructed to comply with the most recent government regulations or holdings. 

  This policy is not a contract and does not create legally enforceable protections based on contract, quasi-contract, or third-party beneficiary status. 

  This interim policy and procedures are effective August 14, 2020. Updated June 30, 2021

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