Title IX Grievance Process

Effective August 2026

The Title IX Grievance Process (the “Process”) is applicable to student or employee (staff or faculty) conduct that falls under the definition of Title IX Sexual Harassment or Title IX Sexual Violence under the Policy Against Discrimination, Harassment & Sexual Violence ( the “Policy”) and which also meets the jurisdictional and timing requirements noted herein. To access this Process, the Complaint Resolution Process must first be initiated. This Process will only be used after a determination has been made, through the Complaint Resolution Process, that the alleged conduct has met all of the requirements necessary to access this Process (as discussed below). If the requirements for this Process are not met, then the allegations of Title IX Sexual Harassment and/or Title IX Sexual Violence will be dismissed and both parties will be notified of that dismissal in writing. If the alleged conduct in the Formal Complaint could violate another section of the Policy, the matter may still be adjudicated through the Formal Complaint Resolution Process in the Complaint Resolution Process. A determination of which process will be used will be made by the Associate Vice-President for Equal Opportunity & Compliance (AVP) (or their designee), as the Title IX Coordinator for the College. For more information about the determination process, please see the Complaint Resolution Process.

I. Jurisdictional Requirements

For the conduct alleged in the Formal Complaint to be subject to the Title IX Grievance Process (Process), the following requirements must be met:

A. Within Title IX Definition

Alleged conduct that will be addressed under this Process must fall under the definition of Title IX Sexual Harassment, Title IX Sexual Assault, Title IX Dating/Domestic Violence, and/or Title IX Stalking under the Policy Against Discrimination, Harassment & Sexual Violence (Policy). If the conduct does not fall within one of those definitions, it will not be adjudicated under this Process. If the alleged conduct falls under another definition in the Policy, the matter may still be adjudicated through the Formal Complaint Resolution Process in the Complaint Resolution Process, as determined by the Associate Vice-President for Equal Opportunity & Compliance (or their designee). For more information about the determination of which process applies to the alleged conduct, please see the Complaint Resolution Process.

B. Timing

Alleged conduct that will be addressed under this Process must have occurred on or after August 14, 2020. If the conduct occurred prior to August 14, 2020, it will be dismissed from this Process. However, if the alleged conduct still falls under the Policy, the matter may still be adjudicated through the Formal Complaint Resolution process in the Complaint Resolution Process, as determined by the AVP (or their designee). For more information about the determination of which process applies to the alleged conduct, please see the Complaint Resolution Process.

C. Additional Requirements

In order for alleged conduct to be addressed under this Process, three additional jurisdictional requirements must be met as outlined in the Title IX Regulations.  If the alleged conduct does not meet all three requirements (as discussed below), it will not be adjudicated under this Process.  If the alleged conduct still falls under the Policy, the matter may be adjudicated through the Formal Complaint Resolution Process in the Complaint Resolution Process as determined by the AVP (or their designee). For more information about the determination of which process applies to the alleged conduct, please see the Complaint Resolution Process.

1. Conduct Must Have Occurred in the United States

Alleged conduct addressed under this Process must have happened against an Emerson community member (student, staff, faculty) while in the United States. If the conduct happened outside of the U.S., it does not meet this jurisdictional requirement and will not be adjudicated under this Process.2

2. Conduct Must Have Occurred in a College Program or Activity

Alleged conduct addressed under this Process must have occurred in an Emerson College program or activity. This means the alleged conduct occurred in a location, event, or circumstance in which Emerson exercised substantial control over both the Respondent and the context in which the alleged conduct occurred. Examples of an Emerson location, program or activity include, but are not limited to, inside an Emerson residence hall or at an off-campus trip managed and sponsored by the College. If the conduct happened outside of a College program or activity (i.e. off-campus or in a non-Emerson program or activity), it does not meet this jurisdictional requirements and will not be adjudicated under this Process. The determination regarding whether the conduct occurred in an Emerson College program or activity will be made during the Process Determination under the Complaint Resolution Process.3

3. Impacted Party Must Be Participating or Attempting to Participate in a College Program or Activity

At the time that the Formal Complaint is filed, the Impacted Party must be participating in or attempting to participate in an educational program or activity of Emerson College. A student who has been admitted but is not yet attending Emerson is considered to be attempting to participate in a College educational program or activity. A person who is actively employed by the College is considered to be participating in an activity of Emerson. If the Impacted Party is not participating or attempting to participate in a College educational program or activity, their claim does not meet this jurisdictional requirement and will not be adjudicated under this Process. The determination regarding whether the Impacted Party was participating or attempting to participate in an Emerson College program or activity will be made during the Process Determination under the Complaint Resolution Process.4

II. Prior to the Grievance Process Hearing

The Title IX Grievance Process (Process) involves a live Grievance Process Hearing (Hearing) for the resolution of a Formal Complaint. After the Investigative Procedure has closed under the Complaint Resolution Process and a determination has been made that the alleged conduct in the Formal Complaint meets the requirements for this Process, preparations for the Hearing will begin.

A. Scheduling

Once a matter is deemed eligible for this Process, the Hearing will be scheduled in a reasonably prompt timeframe. If the Process is started near or after the end of an academic semester or the Hearing cannot be completed prior to the end of the academic year, the Hearing will be held as soon as practical. This will typically be immediately after the end of the term, during a break or over the summer, depending on the availability of the Parties, witnesses, and College officials. If a student Respondent is scheduled to graduate prior to the resolution of a Formal Complaint, the College reserves the right to delay the awarding of any degree while the Complaint Resolution Process or Title IX Grievance Process is pending. A hold may be placed on awarding a degree, their graduation and/or on their official transcripts until the Formal Complaint is fully resolved (including any appeal) through this Process (See the Code of Community Standards for more information).

B. Hearing Coordinator

The Office of Equal Opportunity (OEO) will act as the coordinator for the Hearing under the Process. OEO will be responsible for scheduling the Hearing, providing notifications to Parties and witnesses, supporting the Hearing Chair, distributing any information from the Investigative Procedure, recording the Hearing, and any other administrative tasks necessary for the implementation of this Process. The Associate Vice-President for Equal Opportunity & Compliance (AVP) (or their designee), as the Title IX Coordinator, will attend all meetings, conferences and hearings in this Process.

C. Decision-Makers

The decision of whether the Respondent is Responsible or Not Responsible for violating the Policy Against Discrimination, Harassment & Sexual Violence (Policy) based on the conduct alleged in the Notice of Formal Complaint (as amended) will be made by the Decision-Makers. The Decision-Makers will consist of one to three individuals who have been trained on the Process, issues of discrimination, harassment, and sexual violence, how to conduct a Hearing, issues of relevance, impartiality and any technology that will be used during the Hearing. The Decision-makers may be College employees (staff or faculty), someone from outside of the College, or a combination thereof. The Decision-Makers will be selected at the sole discretion of the Title IX Coordinator (or their designee). The names of the Decision-Maker(s) will have been communicated to the Impacted Party and Respondent with the Final Investigative Report. As outlined in the Complaint Resolution Process, if either the Impacted Party or Respondent believes there is a possible conflict of interest with any Decision-Maker(s), it must be communicated to the AVP in writing immediately, and no later than three (3) business days after the Final Investigative Report with the names of the Decision-Maker(s) has been shared with the Parties. The Title IX Coordinator then has the discretion to assign a different Decision-Maker. After that three (3) business day period has passed, the Decision-Maker(s) will become final, and there will be no further opportunity to raise potential conflicts of interest.  The Title IX Coordinator will assign a Hearing Chair, at their sole discretion, who may be one of the Decision-Maker(s). The Title IX Coordinator also has the discretion to assign someone to act as the Hearing Chair, who will not act as one of the Decision-Makers and will not participate in making the finding. Throughout this Process, the Decision-Maker(s) and/or the Chair will have the ability to consult with the Title IX Coordinator as necessary.  The Decision-Makers will be given access to the Final Investigative Report and the exhibits  for consideration when making their finding. The Panel will not be given access to the other gathered information from the Investigative Procedure that was not used in the Final Investigative Report.5 The Decision-Maker(s) will not be given access to any interview transcripts (if created), except that excerpts may be shared as needed to answer any questions the Decision-Maker(s) may submit to the Title IX Coordinator. If a Party feels that something in the other gathered information was improperly excluded from the Final Investigative Report and should be considered at the Hearing, they will need to present that information to the Hearing Chair for a review as to its relevance during the Pre-Hearing Conference (as discussed below).6

D. Notice of Grievance Process Hearing

After the Investigative Procedure has closed under the Complaint Resolution Process and a determination has been made that this Process applies to the Formal Complaint, the Parties will receive a Notice of Hearing from the Title IX Coordinator (or their designee). This Notice will be provided at least ten (10) business days prior to any proposed date for the Hearing, and is the start of the notice period for scheduling the Hearing. The Notice will propose some tentative dates for the Pre-Hearing Conference and Hearing.  The Parties can agree to holding the Hearing within less than ten (10) business day notice.  If the Parties cannot agree to a mutually acceptable date within 30 days of the Notice, the AVP can set a date for the Hearing at their discretion.  With the Notice, the Parties will again be given access to the Final Investigative Report, exhibits, and the other gathered information, all of which was previously shared with the Parties under the Complaint Resolution Process, for review and written response. Upon written request from a Party, these materials can also be shared with their respective support person/advisor.

E. Support Person/Advisor

To fully participate in the Hearing, the Respondent and Impacted Party must each have a support person/advisor. During the Hearing, the Parties each have the right to submit questions to another Party or to witnesses regarding information relevant to the resolution of the Formal Complaint, as determined by the Hearing Chair. This right to ask questions may only be exercised by a Party through their support person/advisor.  A Party cannot question another Party or witness directly during the Hearing.

The Parties must provide the Title IX Coordinator with the identity and contact information (e-mail and telephone) of the individual who will be serving as their support person/advisor (if not previously disclosed).  That information must be shared at least two (2) business days prior to any meeting in the Process, including the Pre-Hearing Conference and the Hearing.  A support person/advisor cannot be someone who may present a conflict of interest or who may unduly interfere with OEO’s ability to conduct the Hearing such as: co-workers within a department, individuals in the same reporting chain, someone who may be in a position of authority over one or both Parties, or for any other potential conflict as determined by the Title IX Coordinator (or their designee), at their discretion.  Witnesses are not allowed to have a support person/advisor, nor can they act as a support person/advisor within this Process.  The Title IX Coordinator (or their designee) will let the Party know if there are any concerns regarding their chosen support person/advisor, so they can choose an alternate person to serve in that role.

If a Party does not have a support person/advisor, the College will provide the Party with a support person/advisor, of the College’s choice, at no expense to the Party. The College-provided support person/advisor may be an employee (staff or faculty) or may be someone from outside the College. The Title IX Coordinator (or their designee), at their sole discretion, will make the decision regarding who the College-assigned support person/advisor will be. The expectation is that any support person/advisor will be reasonably available for all meetings, the Pre-Hearing Conference and the Hearing, and will not cause a delay in the Process based on their lack of availability.

A support person/advisor does not make any presentations, or advocate for or otherwise represent the Party during the Process. The support person/advisor’s primary role in the Process is to provide support to the Party. The support person/advisor only actively participates in the Hearing when they are asking questions, on behalf of the Party, to the other Party and witnesses. The role of the support person/advisor is to read the questions submitted by the Party in the hearing. The support person/advisor can only ask questions of the other Party or witnesses subject to the Hearing Rules/Rules of Decorum (as discussed below). If at any point a support person/advisor becomes disruptive or is otherwise unable to abide by the requirements of the support person/advisor role or the Hearing Rules/Rules of Decorum, they will be removed from the hearing. A support person/advisor cannot delay a Hearing based on their lack of availability.

F. Accommodations

A Party or witness (student or employee) who has a disability that may require an accommodation to participate in the Process should work with the appropriate office to determine what reasonable accommodations may be available. Students should work with Student Accessibility Services (SAS) (sas@emerson.edu or 617-824-8592) to request an accommodation for the Process. Please note that any accommodations for the Parties must be determined separately from any existing academic or housing disability accommodations.  Employees (staff and faculty) should work with Human Resources (HR) (617-824-8580 or hr@emerson.edu). All approved disability accommodations must be communicated to the Title IX Coordinator (or their designee) (oeo@emerson.edu; 617-824-8999) in writing at least two (2) business days in advance of any meetings, conference, or hearing where the accommodations will be needed. Only accommodations approved by SAS or HR will be implemented during the Process.

G. Findings of Relevance

The final decision regarding whether information is relevant to a Formal Complaint will be made by the Hearing Chair, at their discretion. Only information that is found to be relevant to making the finding, will be admissible in the Grievance Process Hearing. Generally this will only include information that is directly related to the alleged conduct in the Formal Complaint and that would be helpful to the Decision-Maker(s) in answering the questions in the Final Investigative Report, or in assessing the credibility of Parties or Witnesses (subject to limitations noted below). The Hearing Chair may consult with the other Decision-Maker(s) and the Title IX Coordinator (or their designee) prior to making a decision as to relevance. The Hearing Chair will document and share their rationale for any finding of non-relevance throughout the Process, and/or in the Hearing.

The following information is not considered relevant during the Process or Hearing (except as noted):

  1. Information about incidents not directly related to alleged conduct in the Formal Complaint, unless it may show a pattern of behavior, as determined by the Chair.
  2. Character witnesses.
  3. Information about the Impacted Party’s sexual predisposition or prior sexual behavior, except where information about the Impacted Party’s prior sexual behavior is offered to prove that someone other than the Respondent committed the alleged conduct, or the information concerns specific incidents of the Impacted Party’s prior sexual behavior with respect to the Respondent and are offered to prove consent. See Impermissible Information in the Complaint Resolution Process for more information.

H. Witnesses

During the Pre-Hearing Conference, the Chair will ask for the names of those individuals that the Parties and/or the Decision-Maker(s) want to have invited to appear at the Hearing. Any witnesses will be limited to only those individuals who were interviewed as part of the Investigative Procedure. If any Party has an objection to the inclusion or exclusion of any witness at the Hearing, they should present that objection in writing at the Pre-Hearing Conference. These objections will be addressed by the Chair during the Pre-Hearing Conference. Please note that a Party cannot present new witnesses or information that was previously available for the first time at the Hearing (see below regarding New Information).  The names of the witnesses who have been confirmed to appear at the Hearing will be shared with the Parties before the Hearing begins.

I. Pre-Hearing Conference

Prior to the Hearing, the Hearing Chair will schedule a time to meet individually with each the Party and their respective support person/advisor for a Pre-Hearing Conference. The Title IX Coordinator (or their designee) will also attend the Pre-Hearing Conference, as the Hearing Coordinator, to answer any procedural questions that may arise. This conference may be conducted in person or virtually, at the discretion of the Chair.

During the Pre-Hearing Conference, the Chair will review the information that will be considered at the Hearing, which generally will be the information contained in the Final Investigative Report and exhibits. The Chair will also ask for the names of any witnesses the Parties want to have at the Hearing, as discussed above. Note that only witnesses who were interviewed in the Investigative Procedure and whose names are included in the Final Investigative Report can be asked to appear as witnesses at the hearing.

At this meeting, a Party should share with the Chair any concerns they have about whether certain information is relevant or not relevant and any information they believe should be included or excluded from the Hearing. If a Party believes that something in the other gathered materials was improperly excluded from the Final Investigative Report, they should present that information to the Chair at the Pre-Hearing Conference for a finding as to relevance.7 The Chair has the option to confer with the other Decision-Maker(s) and/or the Title IX Coordinator before making a decision as to relevance. The final decision regarding relevance will be made by the Chair, at their discretion. That decision can be made in the Pre-Hearing Conference or at the Hearing, at the discretion of the Chair.

If there is additional information a Party wishes to include at the Hearing, beyond what has been included in the Final Investigative Report, the Party must present that information to the Chair for consideration during the Pre-Hearing Conference. However, as discussed below, this information will be limited only to the other information gathered during the Investigative Procedure (see New Information below). The Chair will make a finding as to whether the information raised by the Party is relevant to the resolution of the Formal Complaint. The Chair has the discretion to confer with the other Decision-Makers and the Title IX Coordinator, but the final decision regarding relevance will be made by the Chair, at their discretion. The Chair also has the discretion to delay the decision on relevance until the Hearing. During the Hearing, a Party may ask the Chair to reconsider their finding of non-relevance from the Pre-Hearing Conference based on the information offered at the Hearing. Again, the final decision regarding relevance at the Hearing will be made by the Chair, at their discretion. The Chair will document and share their rationale for their finding of non-relevance during the Pre-Hearing Conference and/or at the Hearing.

During the Pre-Hearing Conference, the Parties will have the option to submit questions they would like to pose to a party or witness during the Hearing (See Questions by Party at the Hearing below). The Chair will then make a finding as to the relevance of any submitted questions and will approve questions in advance of the Hearing that a Party, through their support person/advisor, will be allowed to ask. If a Party chooses not to submit questions in advance of the Hearing or has additional questions that arise during the Hearing beyond those presented in the Pre-Hearing Conference, the Chair will make a finding on the relevance of each of those questions at the Hearing pursuant to the Process.  Any proposed questions must be submitted to the Title IX Coordinator in advance of the Hearing, with enough time for the Chair to make a finding on each.  Questions submitted without sufficient time for review will be considered by the Chair at the Hearing pursuant to the process noted below.

III. Grievance Process Hearing

The Title IX Grievance Process involves a live hearing which includes a review of the Final Investigative Report and exhibits and questioning of the Parties and witnesses. All relevant information presented in the Hearing will be considered by the Decision-Maker(s) in determining if the Respondent is Responsible or Not Responsible for violating the Policy Against Discrimination, Harassment & Sexual Violence (Policy) based on the conduct alleged in the Formal Complaint. The final determination regarding what is relevant to the resolution of the Formal Complaint will be made by the Hearing Chair, at their discretion. The Chair has the discretion to confer with the other Decision-Maker(s) and/or the Title IX Coordinator before making a final decision regarding relevance. Any questions regarding the Process during the Hearing will be addressed by the Hearing Chair or the Associate Vice-President for Equal Opportunity & Compliance (or their designee), as the Title IX Coordinator.

A. Conducted Over Technology

The Hearing will be conducted over video conferencing technology (i.e. Zoom). Every participant in the Hearing is expected to participate with their camera on, from a private location, with no one else present who can hear or see the Hearing. The only exception is that a Party may participate in the Hearing with their support person/advisor present in the same location. The Decision-Maker(s) also will have the option to conduct the Hearing with other Decision-Maker(s) in the same location. Any witnesses participating in the Hearing can either appear on their own (in a private location with no one else able to hear or see the Hearing) or in the same location as the Decision-Maker(s). All participants in the Hearing must identify themselves on the recording and appear at the Hearing over video (barring any technical complications). Anyone not authorized to participate in the Hearing or who has not identified themselves at the Hearing is expressly prohibited at all times.  The presence of any such unauthorized person is in violation of College policy. If any of the hearing participants do not have access to a suitably private location, they must inform the Title IX Coordinator (or their designee) at least two (2) business days in advance of the scheduled hearing, who will then make arrangements to provide access to a private location on-campus for the Hearing, as appropriate. Recording the Hearing or any part of the Process by anyone, other than the Office of Equal Opportunity (OEO) is expressly prohibited, as discussed below. A Party has the option to request, in writing, that the Hearing be conducted in person. A Hearing may be conducted in person at the discretion of the Title IX Coordinator and only if both Parties agree to an in-person hearing.

B. New Information

The Final Investigative Report and exhibits will be entered into the record at the start of the Hearing. The expectation is that all of the information relevant to the Formal Complaint and that a Party intends to present at the Hearing was shared and considered in the Investigative Procedure under the Complaint Resolution Process. The Parties will have been given ample opportunity to share all available information with the Investigator during the Investigative Procedure. The Hearing Chair has the discretion to exclude from the Hearing any information that was available, but not previously shared in the Investigative Procedure. The Hearing Chair also has the discretion to confer with the Investigator and/or Title IX Coordinator (or their designee) about the scope of the Investigative Procedure and whether the information was available during the Investigative Procedure. Under rare circumstances, and typically when it appears that the information may not have been available earlier, the Hearing Chair has the discretion, in consultation with the Title IX Coordinator, to either allow the information at the Hearing or to delay the Hearing to re-open the Investigative Procedure so that the Investigator may fully review and consider the new information. If the Investigation is reopened, the Investigator has the option, at their discretion, to create a new Investigative Report and to again offer the Parties the opportunity to review and comment on the new report as outlined in the Investigative Procedure.

C. Access to Report and Information from Investigative Procedure

At least ten (10) business days before the Hearing, the Parties will again be given access to the Final Investigative Report, exhibits, and the other gathered materials previously shared with the Parties during the Investigative Procedure under the Complaint Resolution Process. The Final Investigative Report and exhibits will be shared with the Decision-Maker(s) for review prior to the Hearing. The Decision-Maker(s) will not be given access to the  other gathered materials not included in the Report or otherwise deemed irrelevant during the Pre-Hearing Conference. The Decision-Maker(s) will also not be given access to any interview transcripts (if created), except that excerpts may be shared as needed to answer any questions the Decision-Maker(s) may submit to the Title IX Coordinator.  Upon written request from a Party to the Title IX Coordinator (or their designee), that information can also be shared with their support person/advisor.

D. Presence at Hearing

All Parties and the witnesses requested by the Parties or Decision-Maker(s)will be given notice of the Hearing and an opportunity to participate. All Parties and witnesses in the Hearing should appear for questioning by both the Decision-Maker(s) and/or the support person/advisor for one or both Parties. If a Party or witness does not appear at the Hearing or does not agree to be questioned by both the Decision-Maker(s) and/or the support person/advisor of a Party, the Hearing may still be held in their absence. Decision-Maker(s) may still consider any statements given by a Party or witness prior to the Hearing, who then does not participate in questioning at the Hearing, at their discretion. During the Pre-Hearing Conference, the Parties can agree to use a witness or Party statement that was previously given during the Investigative Procedure without asking them to appear at the Hearing. The Decision-Maker(s) will draw no inferences from a Party’s decision not to participate in the Hearing or questioning.

E. Recording

The Hearing will be recorded, either as an audio or video recording (or both) at the discretion of the Title IX Coordinator (or their designee). The Office of Equal Opportunity (OEO) will be responsible for recording the Hearing. Any audio or video recording of the Hearing by anyone other than OEO (e.g. Party, witness, support person/advisor, other individual) is expressly prohibited at all times during the Pre-Hearing Conference, the Hearing, and any other meetings under the Process, and are a violation of College policy. The Pre-Hearing Conference, the deliberations of the Decision-Maker(s), and any other meetings held under the Process will not be recorded. After the Hearing, OEO will be responsible for maintaining the recording in accordance with the maintenance of records provisions of the Complaint Resolution Process. A Party seeking access to the recording or a transcript of the Hearing (if created at OEO’s discretion) should submit a written request to OEO.

F. Questions by Decision-Maker(s)

Prior to the Hearing, the Decision-Maker(s) will have had the opportunity to review and consider the Final Investigative Report and exhibits.8 Based on that information, the Decision-Maker(s)will have the first opportunity to question any Party or witness regarding the information they deem relevant to the resolution of the Formal Complaint. All questions from the Decision-Maker(s) will be asked only by the Hearing Chair.

G. Questions by a Party at the Hearing

The Parties each have the right to question, through their support person/advisor, the other Party and any witnesses who appear at the Hearing. A Party cannot question another Party or witness directly. The questioning by the support person/advisor will not involve direct examination, but rather will be limited to those questions that are deemed relevant to the issue of credibility and/or the facts at issue in the pending complaint, at the Hearing Chair’s discretion.9  A Party has the option to submit questions in advance during the Pre-Hearing Conference for a finding of relevance by the Chair. Any pre-approved questions may be asked by the support person/advisor for that Party at the Hearing in compliance with the Hearing Rules/Rules of Decorum (see below). If a Party has questions that have not been pre-approved by the Chair or if a Party has additional questions at the Hearing beyond those that have been pre-approved, a finding of relevance must be made for each question by the Chair before the question may be asked at the Hearing.

For questions that have not been pre-approved by the Chair during the Pre-Hearing Conference, a Party’s support person/advisor will indicate to the Chair that they have a question for a Party or witness. The Chair will then have the option, at their discretion, to remove the Party or witness to be questioned from the Hearing while the Chair reviews the question. If a Party is removed from the Hearing while a question is being considered by the Chair, that Party’s support person/advisor has the option to stay in the Hearing to hear the discussion regarding relevance, at the Party’s discretion. The support person/advisor of the Party submitting the question will then present the question to the Chair who will make a finding as to whether the proposed question is relevant to the Formal Complaint. Questions that are repetitive of information already presented to the Decision-Maker(s) (in the Hearing or through the Final Investigative Report and exhibits) or that are abusive or badgering of a party or witness will be deemed irrelevant. The Chair will note on the recording their rationale for their finding of non-relevance for any specific question.

If a question is deemed to be relevant by the Chair, the Party or witness will be brought back into the Hearing, (if they were removed) and the requesting Party’s support person/advisor can ask the approved question. This process will be repeated for each question that has not been pre-approved but that a Party wishes to ask of another Party or witness during the Hearing. The questioning process can be expedited by a Party submitting questions to the Chair for pre-approval during the Pre-Hearing Conference or prior to the Hearing, which is strongly encouraged. Pre-approved questions can be asked by a Party’s support person/advisor without disruption, subject to the Hearing Rules/Rules of Decorum (see below). At no time may a Party’s support person/advisor ask a question that has been deemed irrelevant and/or that has not been approved by the Chair.

H. Hearing Rules/Rules of Decorum

The Hearing is meant to be a forum for presenting relevant, factual information to the Decision-Maker(s) that will be helpful in making a finding of whether the Respondent is Responsible or Not Responsible for violating the Policy by the conduct alleged in the Final Investigative Report. The Hearing is an administrative proceeding and is not meant to replicate a courtroom environment. As such, there is no room for what might be considered “courtroom theatrics” in the Hearing. The expectation is that all participants in the Hearing, including the Parties and their support persons/advisors, will remain seated during the Hearing and will maintain a respectful and civilized tone towards all participants in the Process, including the Decision-Maker(s), Title IX Coordinator, other Parties, and witnesses. There is no place in the Hearing for argument, badgering, abusive language, raised voices, or disrespectful treatment of any Hearing participant.

There will be no opening or closing statements by the Parties (or their support person/advisors) in the Hearing and no direct examination. The Chair will be responsible for letting a Party, support person/advisor, or witness know when it is their turn to speak during the Hearing. The Parties and their support persons/advisors are expected not to speak or comment during the Hearing unless they are told by the Chair that it is their turn to speak. Any participant, including Parties and their support persons/advisors, who cannot comport themselves in a respectful manner and follow these Hearing Rules throughout the Hearing, as determined at the discretion of the Chair and/or the Title IX Coordinator, may be removed from the Hearing or their participation in the Hearing may be limited (i.e. controlling when they can un-mute). If a support person/advisor is removed from the Hearing for violating these terms, the Hearing may be suspended until the Party in question can be provided with a new support person/advisor, at the discretion of the Title IX Coordinator.

IV. Decision-Maker Finding

After the Hearing has concluded, the Decision-Maker(s) will review the information submitted through the Complaint Resolution Process and the Hearing to make a finding as to whether the Respondent is responsible or not responsible for violating the Policy Against Discrimination, Harassment & Sexual Violence (Policy). The decision of the Decision-Maker(s) will be made based on the preponderance of the evidence standard — that is, whether the facts presented in the Complaint Resolution Process and Hearing support a finding that it is more likely than not that the Policy was violated. The Decision-Maker(s) will base their findings solely on the information presented in the Final Investigative Report and exhibits and at the Hearing, pursuant to this Process. There is no presumption of responsibility for the Respondent. Instead, the question of whether the Respondent has violated the Policy will be made at the conclusion of the Hearing by the Decision-Maker(s) based on the information noted. The finding of the Decision-Maker(s) will be made by a majority, with each having an equal vote.  The Hearing Chair may serve as one of the Decision-Makers(s)

The Associate Vice-President for Equal Opportunity & Compliance (AVP) (or their designee), as the Title IX Coordinator, will consult with the Decision-Maker(s) on questions about the Policy, the Complaint Resolution Process, the Title IX Grievance Process and/or the Hearing as they consider the information to make their finding. However, the decision regarding whether the Policy was violated will be made only by the Decision-Maker(s).

While the Decision-Maker(s) is solely responsible for making the finding, the Title IX Coordinator will assist the Decision-Makers(s) in drafting the language of outcome. The written findings by the Decision-Maker(s) will outline any factual determinations made, credibility assessments from the Hearing, and the rationale used to reach the finding(s).   Once the Decision-Maker(s) has finalized their written findings, the Title IX Coordinator will then refer the findings to the appropriate office who will issue the Notice of Outcome in the pending matter (see below).

A. Student Respondent Notice of Outcome

If a student Respondent is found Not Responsible for violating the Policy by the Decision-Maker(s), the Impacted Party and Respondent will both be notified by the Office of Community Standards reasonably simultaneously in writing of the outcome, the option to appeal, an explanation of when that outcome becomes final, and the findings from the Decision-Maker(s). The Notice of Outcome will be issued to the parties within seven (7) business days after the findings have been made by the Decision-Maker(s).

If a student Respondent is found Responsible for a violation of the Policy, the matter will be referred to the Office of Community Standards who will determine and assign the appropriate sanctions or remedies, in consultation with other offices as appropriate, based on the findings of the Decision-Maker(s). The determination regarding sanctions will include a consideration of the Respondent’s disciplinary history with the College as outlined in the Code of Community Standards. Sanctions for a Responsible finding may include any combination of the following (but are not limited to these): loss/restriction of privileges, verbal/written warning, disciplinary probation, educational sanctions, suspension/dismissal from housing, suspension from the College, delay in awarding a degree, dismissal from the College and any other sanction noted in the Code of Community Standards. Both the Impacted Party and Respondent will be notified in writing of the Notice of Outcome which includes the findings from the Decision-Maker(s), the option to appeal, and an explanation of when the outcome becomes final. The Notice of Outcome letter to the Respondent will include any assigned sanctions. Due to privacy considerations, the Impacted Party may not be notified of the assigned sanctions, unless they relate to the Impacted Party (such as a No Contact Order as the sanction), at the discretion of the AVP.

The Notice of Outcome will be issued to the Parties within seven (7) business days of the assignment of the sanction. Upon written request, the Title IX Coordinator (or their designee) has the discretion to again give the Respondent/Impacted Party access to the Final Investigative Report, exhibits, other gathered information or information from the Hearing after the Notice of Outcome has been issued.

B. Employee Respondent Notice of Outcome

If an employee Respondent is found Not Responsible for violating the Policy, the Impacted Party and Respondent will be notified by Human Resources, the Respondent’s supervisor, and/or the Office of the Provost (or designee), as appropriate, in writing of the outcome, the option to appeal and an explanation of when the outcome becomes final. The written outcome will include the findings from the Decision-Maker(s). The Notice of Outcome will be issued to the parties within seven (7) business days after the findings have been made by the Decision-Maker(s).

If an employee Respondent is found Responsible for a violation of the Policy, the matter will be referred to Human Resources who, with the Respondent’s supervisor and/or the Office of the Provost (or their designee), will decide the appropriate sanctions or remedies based on that finding. The determination regarding sanctions will include a consideration of the Respondent’s disciplinary history with the College. Sanctions for a Responsible finding may include any combination of the following (but are not limited to these): warnings (verbal or written), censures, training or other educational responses, final warnings, performance improvement plans, reassignment, demotions, suspensions, and termination. The Respondent will be notified by Human Resources, their supervisor, and/or the Office of the Provost (or their designee), in writing, of the Notice of Outcome which includes the Decision-Maker(s) findings, the assigned sanction, the option to appeal, and an explanation of when that outcome becomes final.

The written Notice of Outcome will be issued to the Respondent (and Impacted Party as discussed below) within seven (7) business days of the assignment of the sanction. Upon written request, the Title IX Coordinator (or their designee) has the discretion to again give the Respondent/Impacted Party access to the Final Investigative Report, exhibits, other gathered information or information from the Hearing after the Notice of Outcome has been issued. The Impacted Party will also be notified by Human Resources and/or the Office of the Provost, as appropriate, of the outcome in writing, the Decision-Maker(s) findings, the option to appeal, and an explanation of when the outcome becomes final. Due to privacy considerations, the Impacted Party may not be notified of the assigned sanctions, unless they relate to the Impacted Party (such as a No Contact Order as the sanction), at the discretion of the Title IX Coordinator.

For employees (faculty and staff), the College reserves the right to issue disciplinary action with respect to conduct that it deems inappropriate regardless of whether it is a violation of the Policy or the law.

V. Appeal

Both the Impacted Party and Respondent (student, staff or faculty) are entitled to one appeal of the outcome of the Formal Complaint. Any appeal must be submitted in writing to the Office of Equal Opportunity (OEO) (oeo@emerson.edu) within seven (7) business days of the receipt of the written Notice of Outcome. The filing of an appeal will not stay the imposition of any assigned sanction.  The individual who files an appeal is known as the appellant. The appellant must submit an Appeal Form with their appeal which is available from OEO. If an appeal is not received within seven (7) business days, the outcome will be considered final, and the Title IX Grievance Process will be closed.

An appeal can only be submitted by the Impacted Party or Respondent in writing. Appeals submitted by third parties (e.g. friends, family, attorneys) will not be considered.

There are only three grounds on which an appeal can be filed – procedural error, new information, and bias. The written appeal must specifically state under which of these three grounds the appeal is being filed and how the requirements for that basis of appeal (noted below) are met.

The appeal is not a new fact-finding process. Although an Impacted Party/Respondent may disagree with the finding or the sanction, that alone is not a basis for appeal. Factual disputes are not a basis for appeal. Instead, the appeal must state under which of the three grounds the appeal is filed. Appeals that do not comply with these requirements, including failing to state proper grounds for appeal or being untimely, will not be considered, as determined by the Title IX Coordinator (or their designee), at their discretion. If an appeal will not be heard by an Appeals Panel, and the seven (7) days to appeal has passed, the outcome is considered final and the Title IX Grievance Process will be closed.

If the appeal is to be heard, the non-appealing party will be given a copy of the appeal and will have an opportunity to respond to the assertions made by the appellant, in writing, within seven (7) business days after receipt. The non-appealing party may also request, in writing, access again to the Final Investigative Report, exhibit, other gathered information, and/or Hearing information for purposes of responding to the appeal. Submissions after the seven (7) business day period may not be considered, as determined by the Title IX Coordinator.

The three grounds for appeal are:

  1. Procedural Irregularity: The appellant alleges that (i) a specific procedural requirement of the Complaint Resolution Process and/or the Title IX Grievance Process was not followed, (ii) there are specific facts to show how the procedural requirement was not met, and (iii) the deviation from the process affected the outcome of the Formal Complaint against the appellant.
  2. New Information: The appellant alleges that, subsequent to the issuing of the outcome, new information about the alleged conduct became available which could have impacted the outcome of the Formal Complaint. The appellant must: (i) present the new information; (ii) show why it was unavailable prior to the outcome; and (iii) show that the new information could have affected the outcome of the complaint. If new information is presented, the Appeals Panel has the option to ask the Investigator to reopen the Investigative Procedure regarding that information.
  3. Bias: The appellant alleges that the Title IX Coordinator, Investigator, or a Decision-Maker had a conflict of interest or bias for or against impacted parties or respondents generally or against the specific Impacted Party or Respondent to the Formal Complaint. The appellant must (i) specifically identify who is alleged to have the conflict of interest or bias; (ii) present specific information regarding the nature of the conflict of interest or bias for each individual identified; and (iii) show how the conflict of interest or bias affected the outcome of the Formal Complaint against the appellant.

Appeals that are timely and state proper grounds for appeal, as determined by the Title IX Coordinator (or their designee), will be decided by an Appeals Panel of one to three employees (staff or faculty) who have been trained in the Complaint Resolution Process, the Title IX Grievance Process and the resolution of issues of discrimination, harassment, and sexual violence. The members of the Appeals Panel will include different individuals from those who served as the Decision-Maker(s). The Appeals Panel members will be chosen at the sole discretion of the Title IX Coordinator (or their designee), who will communicate those names to the Impacted Party and Respondent. If there is an allegation of bias against the Title IX Coordinator, they will recuse themselves from the appeal process and the Appeals Panel members will be chosen by a designee. If either the Impacted Party or Respondent believes there is a possible conflict of interest with any of the Appeal Panel members, it must be communicated to the Title IX Coordinator (or their designee) no later than three (3) business days after notice. The Title IX Coordinator (or their designee) then has the discretion to assign a different member to the Appeals Panel. Once the appeal has beensubmitted to the Appeals Panel for consideration, there will be no further opportunity to raise potential conflicts of  interest with the Appeal Panel members.

In reviewing an appeal, the Appeals Panel will be given the Final Investigative Report and any exhibits, the written Notice of Outcome, the appeal submission and any response, and the results of any additional investigation. The Appeals Panel may also be given access to the recording or transcript of the Hearing and/or the other gathered materials from the Investigative Procedure in the Complaint Resolution Process if the Panel decides such access is necessary to make a finding on the appeal.

The Appeals Panel will make its finding based on their review of these documents, and by a preponderance of the evidence. The Title IX Coordinator (or their designee) will consult with the Appeals Panel on questions about the Policy Against Discrimination, Harassment, & Sexual Violence, the Complaint Resolution Process, the Title IX Grievance Process, and/or the Appeal process as they consider the appeal. The Appeals Panel may also submit questions to or request information from the Investigator or the Parties if needed to make their determination on the appeal.

The Appeal Panel has the option to Dismiss the appeal as: (1) untimely, (2) failing to state a proper ground for appeal, or (3) by finding that the requirements for the appeal grounds have not been met. The Appeal Panel also has the option to Grant the appeal.

If the Appeals Panel grants the appeal in a matter involving a student Respondent, the matter will be referred to the Office of Community Standards who will decide whether to uphold or modify the final outcome of the complaint based on the findings of the Appeals Panel, and in consultation with the original Decision-Makers, as appropriate. The Office of Community Standard will then issue a Notice of Outcome of Appeal with the Appeals Panel’s finding and the decision on whether to uphold or modify the outcome. If the Appeals Panel dismisses the appeal for a matter involving a student Respondent, the Office of Community Standard will issue a Notice of Outcome of Appeal with the Appeals Panel’s finding. The Parties will be notified in writing of the Notice of Outcome of Appeal.

If the Appeals Panel grants the appeal in a matter involving an employee Respondent, the matter will be referred to Human Resources (or their designee) and/or the Office of the Provost (or their designee) who will decide whether to uphold or modify the final outcome of the complaint based on the findings of the Appeals Panel, and in consultation with the Decision-Makers, as appropriate. Human Resources and/or the Office of the Provost may also consult with the Respondent’s supervisor or other offices, as necessary.  The AVP may consult with the Human Resources (or their designee) and/or the Office of the Provost (or their designee) and the original Decision-Maker(s) as necessary throughout the appeal process. Human Resources and/or the Office of the Provost will then issue a Notice of Outcome of Appeal with the Appeals Panel’s finding and the decision on whether to uphold or modify the outcome. If the Appeals Panel dismisses the appeal for an employee appellant, Human Resources and/or the Office of the Provost will issue a Notice of Outcome of Appeal with the Appeals Panel’s finding. The Parties will be notified in writing of the Notice of Outcome of Appeal. Certain employees may have additional appeal rights outside the Complaint Resolution Process.

VI. Other Considerations

Parties should refer to the Complaint Resolution Process for information regarding the Amnesty/Seeking Help Policy, the College’s right to investigate and decide other conduct violations that may arise during the Process, how criminal conduct may factor into any process, whether there will be any family notification or communication about the Process, transcript notations and the maintenance of records at the conclusion of this Process. All of those sections are incorporated into this Process by reference.

Notes

  1. See 34 CFR Part 106.30 and 106.44. [return to Footnote 1]
  2. If the alleged conduct happened outside the United States but still falls under the Policy, the matter may still be adjudicated through the Formal Resolution Process , under the Complaint Resolution Process, as determined by the Associate Vice-President for Equal Opportunity & Compliance (or their designee). [return to Footnote 2]
  3. If the alleged conduct happened outside a College program or activity, but still falls under the Policy, the matter may be adjudicated through the Formal Complaint Resolution Process, under the Complaint Resolution Process, as determined by the Associate Vice-President for Equal Opportunity & Compliance (or their designee). [return to Footnote 3]
  4. Alleged conduct reported by an Impacted Party found not to be participating/attempting to participate, but that falls under the Policy, may still be adjudicated through the Formal Complaint Resolution Process, under the Complaint Resolution Process, as determined by the Associate Vice-President for Equal Opportunity & Compliance(or their designee). [return to Footnote 4]
  5. See the Complaint Resolution Process for more information about what constitutes “other gathered information.” [return to Footnote 5]
  6. Under the Complaint Resolution Process, during the Investigative Report and Review stage, the parties were previously given the opportunity to request that something in the other gathered information be included in the Final Investigative Report. [return to Footnote 6]
  7. Under the Complaint Resolution Process, during the Investigative Report review stage, the Parties were previously given the opportunity to comment on the Report to request that something in the other gathered information be included in the Final Investigative Report. [return to Footnote 7]
  8. The Decision-Maker(s) may also have reviewed information from the other gathered material that was deemed relevant or any new information that was allowed by the Chair during the Pre-Hearing Conference. [return to Footnote 8]
  9. This type of questioning is sometimes referred to as cross-examination. [return to Footnote 9]