Compliance

Wesleyan College Process for Resolving Complaints of Sexual Misconduct

Purpose and Scope

Wesleyan College is committed to maintaining an environment that addresses and resolves any form of harassment, discrimination, and sexual misconduct, for its community members including students, faculty, staff, administrators, volunteers, vendors, contractors, visitors, and any individuals regularly or temporarily employed, conducting business, studying, living, or having any official capacity with the College or on its property. The College has enacted a Sexual Misconduct Policy to reflect and maintain its institutional values and community expectations, to provide for fair and equitable procedures for determining when the Title IX Policy has been violated, and to provide recourse for individuals and the community in response to violations of the Policy.  

The Wesleyan College Sexual Misconduct Policy prohibits all forms of sexual harassment, gender-based discrimination and sexual assault, domestic violence, dating violence, and stalking. The Policy also prohibits retaliation against a person who reports, complains about, or who otherwise participates in good faith in any matter related to the Title IX Policy. 

Every member of the Wesleyan College community is expected to uphold the Policy as a matter of mutual respect and fundamental fairness in human relations. Every student has a responsibility to conduct themselves in accordance with the Policy as a condition of continued enrollment. Every employee has a responsibility to conduct themselves in accordance with the Policy as a condition of continued employment. No person shall be retaliated against for reporting violations or concerns about prohibited conduct through appropriate Wesleyan channels.

The Resolution Process begins with the acknowledgment of a Formal Complaint by the Title IX Coordinator or an authorized Designated Official. The College will adhere to the grievance process as stated in the U.S. Department of Education Title IX Final Rule of May 2020 and will investigate every Formal Complaint. If the alleged conduct does not fall under Title IX, the College will address the allegation under Wesleyan’s Code of Conduct or the Faculty or Employee Handbook, where applicable, and provide supportive measures. 

“If the conduct alleged in the formal complaint would not constitute sexual harassment as defined in §106.30 even if proved, did not occur in the recipient’s education program or activity, or did not occur against a person in the United States, then the recipient (Title IX Coordinator) must dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX or this part; such a dismissal does not preclude action under another provision of (Wesleyan College’s) code of conduct.

Reporting Complaints of Sexual Misconduct
1. Filing Complaints with the Title IX Coordinator

Students, employees (“employees” includes Faculty and Staff), campus visitors, volunteers, mentors, contractors, persons participating in campus activities, programs or services, persons conducting business with the College, or any other Wesleyan Community members who wish to report a concern or Title IX complaint may do so by completing the Wesleyan College Discrimination, Harassment and Title IX Complaint Form located on the Wesleyan College website on the Compliance Home Page. Reports may be made anonymously. Written complaints of sexual harassment and gender discrimination should be filed with:

Kathy Malone
Title IX Coordinator
OSP 204
(478) 757-3775

kmalone@wesleyancollege.edu

For additional information on gender-based discrimination, sexual harassment, or sexual assault/violence please see the Wesleyan College Sexual Misconduct Policy.

2. Other Reporting Options.

Employees with complaints of discrimination under this policy have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC):

Sam Nunn
Atlanta Federal Center
100 Alabama Street, SW, Suite 4R30
Atlanta, Georgia 30303
Phone: 1-800-669-4000 
Fax: 404-562-6909
TTY: 1-800-669-6820
Web: http://www.eeoc.gov

A Fair Grievance Process

The U.S. Department of Education Title IX Final Rule requires schools to investigate and adjudicate formal complaints of sexual harassment and misconduct “using a grievance process that incorporates due process principles, treats all parties fairly, and reaching reliable responsibility determination.”

Wesleyan College’s grievance process includes:

  • Giving both the Complainant and Respondent written notice of the allegations, an equal opportunity to select an Advisor (who may be, but does not need to be an attorney), and an equal opportunity to submit and review evidence throughout the investigation;
  • Using trained Title IX personnel to objectively evaluate all relevant evidence without prejudgment of the facts and free from conflicts of interest or bias for or against either party;
  • Protecting parties’ privacy by requiring a party’s written consent before using any kind of Informal Resolution process, such as mediation or restorative justice, and not use an Informal Resolution where an employee allegedly sexually harassed a student;
  • Applying the presumption that the Respondent is not responsible during the grievance process so the College, by way of the Title IX personnel, bears the burden of proof and the standard of evidence correctly applied, which for Wesleyan College is the Preponderance of the Evidence standard. The Preponderance of Evidence standard is used for formal complaints against students and employees;
  • Two Title IX team members (Investigators and/or Deputy Investigators) serving as Investigators for each case and the Title IX Coordinator does not serve as an investigator for cases, but oversees and directs the process;
  • Holding a Live Hearing and allowing cross-examination by the Complainant’s and Respondent’s Advisors, never by the Complainant and Respondent personally;
  • Protecting all complainants from being asked inappropriate questions about prior sexual history (Rape Shield protections)
  • Sending Complainant and Respondent written determination regarding responsibility that explains how and why the Decision-Maker reached the conclusion;
  • Effectively implementing remedies for a Complainant if a Respondent is found responsible for sexual harassment, sexual assault, domestic violence, dating violence, or stalking;
  • Offering both the Complainant and Respondent equal opportunities to appeal;
  • Protecting any individual (including complainants, respondents, and witnesses) from retaliation for reporting sexual misconduct or participating, or refusing to participate, in any Title IX grievance process;
  • Making all materials used to train Title IX personnel publicly available on the College’s website; and 
  • Documenting and keeping records of all sexual harassment and sexual misconduct reports and investigations.
Timeframe of Process

The College will seek to complete the Grievance and Resolution Process in a timely manner upon receipt of a Formal Complaint, as defined in the Wesleyan College Sexual Misconduct Policy. Investigations may take more time due the complexity and scope of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening College break or holiday, or other unforeseen circumstances. The College will notify the Complainant and Respondent of the expected time frames throughout the process. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

Retaliation is Prohibited

Retaliation against any person for reporting sexual harassment or discrimination, assisting or participating in the investigation of a complaint, or enforcing College policies with respect to discrimination and/or harassment is strictly prohibited. Reports of Retaliation will be resolved under the Wesleyan College Non-Retaliation Policy and any policies or Handbooks referenced therein.

Formal Complaint and Resolution Process

A Formal Resolution process cannot begin unless a Formal Complaint is filed. A Formal Complaint is “a document filed by a complainant or signed by the Title IX Coordinator, alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment.” (Sec.106.30)

A Complainant must be participating in or attempting to participate in a Wesleyan College education program or activity at the time of filing a Formal Complaint. Notice of a Formal Complaint is actualized upon receipt by the Title IX Coordinator or a member of the Title IX team who then informs the Title IX Coordinator. The College encourages the submission of grievances in writing by email to the Title IX Coordinator or by any other means of written documentation. The Wesleyan College Discrimination, Harassment and Sexual Misconduct Complaint Form is also available for written grievances and is located on the Wesleyan College website: Compliance/Non-Discrimination Statement/Title IX. Completion of the form is not required for reporting.

The Complaint should clearly and concisely describe the alleged incident, when and where it occurred, and the desired remedy sought. The grievance should be signed by the Complainant, or in the case of an email submission, signed electronically. While reports can be submitted anonymously, reporters are encouraged to share as much information as they feel comfortable as more information shared will aid the College in its investigation. Any supporting documentation and evidence should be referenced within the body of the Formal Complaint. 

Additionally, the Complainant should submit any supporting materials in writing with the complaint or as quickly as possible after the complaint has been filed. The Complainant will be asked to meet with the Title IX Coordinator for intake information, which will include the option of an Informal Resolution Process to resolve the issue(s) with the individual involved. The Informal Resolution Process will be utilized only if voluntarily agreed upon in writing by both parties; otherwise the Formal Complaint Process will be followed.

In the Formal Complaint Process, the Title IX Coordinator will designate a Title IX Deputy and Title IX Investigator or two Title IX Investigators to conduct the investigation. The Title IX Coordinator will direct the investigation process and confer with appropriate individuals and offices to address any Supportive Measures for the Complainant and/or Respondent, or other necessary remedial short-term actions.

1. Dismissal of Formal Complaint

If the conduct alleged in the Formal Complaint would not constitute sexual harassment as defined in the Wesleyan College Sexual Misconduct Policy, even if proved, or did not occur in the College’s education program or activity, or did not occur in the United States, the College must dismiss the Formal Complaint with regard to that conduct for purposes of sexual harassment under the Policy. However, such a dismissal does not preclude action under another provision of the College’s Code of Conduct for students published in the Wesleyan College Student Handbook or the Faculty Handbook or Employee Handbook for faculty and staff.

The College may dismiss the 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; 
  2. The Respondent is no longer enrolled 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.

Upon dismissal of the Formal Complaint; either required or permitted, the Title IX Coordinator will promptly send written notice of the dismissal and reasons for the dismissal simultaneously to each Party through Wesleyan email, the College’s official means of communication.

2. Supportive Measures

Supportive Measures are defined asnon-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed,” according to the Title IX Final Regulations of May 2020 and implemented by Wesleyan College.

Supportive Measures are designed to preserve or restore the Complainant and/or Respondent with equal access to Wesleyan’s education program or activity without unreasonably burdening the other Party, including measures put in place to protect the safety of all parties and/or the Wesleyan campus community, or deter sexual misconduct.

The College will maintain the privacy of any Supportive Measures provided under the Title IX Policy to the extent practicable and will promptly address any violation of the measures. All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by a Supportive Measure. The College will take immediate responsive action to enforce a previously implemented Supportive Measure if a violation occurs.

Supportive measures for Students may include, but are not limited to the following list below and may continue after a case is resolved if it is in the best interest of the Complainant, Respondent, and/or the campus community.  

  • Imposition of campus “No-Contact Order”; 
  • Rescheduling of exams and assignments; 
  • Providing alternative course completion options; 
  • Modification in class schedule; 
  • Modification in work schedule or job assignment; 
  • Modification in on-campus housing; 
  • Limit an individual or organization’s access to certain College facilities or activities pending resolution of the matter;
  • Campus escort services;
  • and/or any other measure deemed necessary for the particular case as identified, acknowledge, and implemented by the Title IX Coordinator.

Supportive Measures for Employees include, but are not limited to:  

  • Modifications of work schedules;
  • Mutual restrictions of contact between the Parties;
  • Changes in work or housing locations; 
  • Leave of absence;
  • Increased security and monitoring or certain areas or the campus;  
  • and/or any other appropriate Supportive Measures as identified, acknowledged and implemented by the Human Resources Director according the Faculty or Employee Handbook.
     
3. Advisors 

The list of Wesleyan College employees trained as Title IX Advisors will be provided for both the Complainant and Respondent without fee or charge. The Parties may also choose their own Advisor (who is not trained in Title IX policy and procedures) who may, or may not, be an attorney. The Title IX Investigators will inform both parties of the people who have been trained and are recognized by the College as Title IX Advisors.

It is the responsibility of the Complainant and Respondent to communicate with the Advisor regarding allegations, times and dates of meetings, hearings, outcomes and any other information regarding the case. The Title IX team will not discuss the case with the Advisors, but will send information electronically where indicated throughout the Process.

Advisors: 

  • May attend any meetings with the respective Complainant or Respondent regarding the case, if invited by the respective Complainant or Respondent 
  • May provide advice and support for the respective Complainant or Respondent through quiet conversation or written notes in any meeting related to the case 
  • Must be present at the Live Hearing
  • May change anytime during the process
  • Will be provided by the College if a party does not have an Advisor present at the Live Hearing, without fee or charge to that party
  • Conduct cross-examination of the Parties and witnesses on behalf of their respective Complainant or Respondent at the Live Hearing
     
4. Informal Resolution Process*

The College does not require the Complainant and Respondent to participate in an Informal Resolution Process and will not offer an Informal Resolution option unless a Formal Complaint is filed. The Title IX Coordinator must provide the Complainant and Respondent with “written notice disclosing: the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.”

The Title IX Coordinator must receive voluntary, written consent from the Complainant and Respondent in order to proceed with an Informal Resolution. The Informal Resolution option involves the Title IX Coordinator and a member of the Title IX team meeting with the Complainant and Respondent individually or at the same time, in-person or virtually. Both the Complainant and Respondent will receive a written summary of information shared and the agreement made as the outcome of the mediation, which is to be signed by the Complainant and Respondent, as well as the Title IX Coordinator and the Deputy or Investigator involved.

The Informal Resolution concludes upon receipt of official notification via Wesleyan College email by the Complainant and Respondent. The Complainant and the Respondent will have 3 business days to disagree with the outcome of the mediation. If either the Complainant or Respondent changes their mind regarding the agreed upon resolution, they must do so in writing or email, and submit it to the Title IX Coordinator by 5:00 PM of the third business day beyond receipt of official notification from the College. The case would then proceed under the Formal Complaint procedures. Should the request not be received in writing or within three business days, the Informal Resolution outcome will be considered final concerning the case.

*The Informal Resolution Process is never an option to resolve allegation that a Wesleyan employee sexually harassed a student. (Sec. 106.45 (b) (9)

Investigation into a Formal Complaint

If the Title IX Coordinator determines that the Complainant’s report must proceed through Formal Resolution, the Coordinator will contact the Respondent promptly upon meeting with the Complainant to schedule an intake meeting with Respondent to discuss the allegation and explain the Title IX investigation process. Respondent is presumed not responsible for the alleged conduct and any determination regarding responsibility is made at the conclusion of the process. 

Consolidation of Formal Complaint (More than one Complainant or Respondent):

The Title IX Coordinator will consolidate Formal Complaints as to allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of sexual harassment arise out of the same facts or circumstances.

The Title IX Coordinator will send written notification through Wesleyan email to both the Complainant and the Respondent to inform them of the Title IX team members who will investigate the case and their Rights in the process. 

Rights of Respondent and Complainant include, but are not limited to:

  • Right to be informed of the process and all available options 
  • Right to be informed of resources 
  • Right to Supportive Measures
  • Right to a timely investigation  
  • Right to an advisor of choice
  • Right to review reports  
  • Right to appeal

The Title IX Coordinator will select trained internal investigators to conduct a reasonable, impartial, and prompt investigation. Investigators chosen will be based on several factors, including: 

  • Complexity and nature of the complaint,
  • Parties involved to ensure no biases or conflict of interest, and
  • Title IX Coordinator’s confidence in a fair and equitable investigation for all Parties involved. 

The Complainant and Respondent are encouraged to notify the Title IX Coordinator in writing if at any time, either feels that a fair investigation will not be conducted because of the Title IX Investigators managing the case. The Coordinator will evaluate whether the objection is substantiated. The Coordinator will remove and replace any Investigator should the Coordinator find an Investigator to have a bias or conflict with either the Complainant or Respondent. The Coordinator’s decision is final. 

The Investigators will commence the investigation after the Complainant and Respondent have been notified of their identity. If there is no objection to the identified Investigators, the Investigators, will proceed to meet with the Complainant to gather detailed information and begin the Investigation process.

1. Gathering the Facts

The Investigators will interview Complaint first, followed in no particular order, by relevant witnesses, including fact and expert witnesses, and Respondent, to gather documentary evidence provided by both Parties and any identified witnesses. Inculpatory and exculpatory evidence are acceptable during the investigation. The burden of gathering sufficient evidence to reach a determination regarding responsibility rests on the College, not on the Complainant, and not on the Respondent.  

The Investigators will prepare a summary of each interview, called an “Interview Summary.” The Investigators will share the Interview Summary with the interviewee. The interviewee will have the opportunity to correct or comment on any statements made in the Interview Summary. 

If the interviewee has no corrections or comments to add to the Interview Summary, the interviewee will sign an acknowledgement of review and agreement that the Interview Summary is accurate. Corrections or comments to the Interview Summary will addressed during the time of the review. The Interview Summary will be included in the Investigative Title IX report and will be presumed to be accurate. In all instances in which the Investigators include the Interview Summary as an exhibit to a report, the Investigators will also include any response by the other party, if applicable.  

Investigators may use all of the following, if available, but are not limited to: 

  • Police Reports  
  • Video or Audio recordings  
  • Witness statements  
  • Campus Reports (scan logs, campus business, required programs completed)  
  • Other appropriate reports, recordings, etc.  

The College cannot access, consider, disclose, or otherwise use a participating Party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the College obtains that Party’s voluntary, written consent.  

No Gag Order. Though Confidentiality is strongly encouraged, the College will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence.

2. Rebuttal Fact-Gathering

The Investigators may conduct follow-up interviews with both Parties and witnesses based upon testimonial and documentary evidence gathered during Initial Fact-Gathering. The Parties and witnesses can expect the Investigators to seek more in-depth responses to specific questions or information in these follow-up interviews to gather additional evidence. Rebuttal Fact-Gathering may be repeated as necessary to ensure a complete gathering of evidence.

3. Preliminary Report

The Investigators will prepare a written summary of the evidence gathered in the course of the Preliminary Investigation, known as the Preliminary Report. Specific factual findings will be stated in the Preliminary Report. This includes information such, “Complainant was incapacitated” or “Respondent believed that Complainant was not incapacitated.” The Preponderance of Evidence standard is used in the College’s investigations, meaning the evidence presented must be considered to be more likely than not to be factual.  

The Investigators will not state ultimate findings as to whether the Respondent has or has not violated one or more of the College’s policies, but can make recommended conclusions and recommended findings of fact to the Title IX Coordinator. Responsibility is not presented at this point of the investigation. 

The Investigators will include all Interview Summaries and attach any documentary evidence gathered as part of the investigation that is directly related to the allegations in the Formal Complaint, including any evidence upon which the College does not intend to rely on reaching a determination regarding responsibility, and any inculpatory or exculpatory evidence whether obtained from a Party or other source, as exhibits to the Preliminary Report.

The Investigators will submit the completed Preliminary Report the Title IX Coordinator. The Coordinator may require the Investigators to conduct additional investigation. If this is the case, the Investigators will conduct additional investigation consistent with the aforementioned procedures.

4. Notice of Findings and Report

The Title IX Coordinator will send the Preliminary Report to the Complainant and Respondent and their Advisors, if any, for review, by way of Wesleyan email, upon conclusion that the Preliminary Report is complete. Each will be reminded of Confidentiality and neither the Complainant, nor the Respondent, nor their Advisors, including but not limited to family members, friends, and/or legal counsel, may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. 

Non-Disclosure Agreement: The College may require a non-disclosure agreement with the Complainant, Respondent, all witnesses, and Advisors, not to disseminate any of the evidence subject to inspection and review in the Preliminary Report and Final Report. Though Confidentiality is strongly encouraged, the College will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence.

The Complainant and Respondent will have 10 consecutive days, upon date of receipt of the Preliminary Report, to submit any response of being notified of their opportunity to review the report. The Parties may respond in one or three of the following ways:  

  • The Parties may provide a written response stating that they received the Preliminary Report and all supporting documents, reviewed the content, and has nothing to add to the Report at this time.
  • The Parties may provide a written response stating that they received the Preliminary Report and all supporting documents, reviewed the content, and would like to add or edit something therein, or request more information about specific content therein. 
  • The Parties may provide a written response stating that they received the Preliminary Report and all supporting documents, reviewed the content, and submit a request for additional investigation. Such requests may include, but are not limited to:  
    • Request for follow-up interviews
    • Requests for interviews with new witnesses
    • Requests to consider new information

If neither Party requests additional investigation, the Investigators will prepare the Investigative Report. If either (or both) Parties request additional investigation, the Investigators will review the request(s) in consultation with the Coordinator. The Investigators will conduct the requested additional investigation if the Investigators, in consultation with the Title IX Coordinator, determine that the request(s) will assist the Investigators in conducting a more thorough investigation.

Addendum: The Investigators and Title IX Coordinator will assess whether investigation of the additional information requires a substantial deviation from the recommended timeframe for completion of the investigation. If this is the case, (a) the Coordinator will notify the Parties in writing of the anticipated revised timeframe, and (b) the Investigators will conduct further investigation and prepare an Addendum to the Preliminary Report to be submitted to the Title IX Coordinator.

  • The Investigators will submit the Addendum to the Coordinator. The Coordinator may require the Investigators to conduct additional investigation before the Addendum is complete. 
  • The Coordinator will send the Addendum to the Parties and their Advisor, if applicable, via electronic mail upon its completion.  
  • The Parties will have an opportunity to respond to the Addendum within 3 business days upon receipt of the Addendum.  

The Investigators will prepare the Investigative Report upon completion of the Investigation, including any and all Addenda. 

5. Investigative Report

The Investigators will prepare the Investigative Report, which summarizes facts gathered and explanation of the process from receipt of the Formal Complaint by the Title IX Coordinator, including dates and all relevant evidence presented, the Preliminary Report and Addendum, if any, name of witnesses and information gather from interviews, recommended findings, and any information that directly affects the outcome of the investigation, including time delays and reasons, and submit it to the Title IX Coordinator. The report does not include statement of Responsibility.

The Title IX Coordinator will send the Investigative Report to the Complainant and the Complainant’s Advisor, if any, and to the Respondent and the Respondent’s Advisor, if any, by way of Wesleyan College email. The Complainant and Respondent will have 10 days upon receipt of the Investigative Report to review and provide a written response of agreement or disagreement of accuracy of the information therein, to the Title IX Coordinator. 

After 10 days, the Coordinator will schedule a meeting with the Complainant and Respondent individually and discuss the resolution options: (1) Informal Resolution or (2) Live Hearing. The parties must confirm their decision in writing. 

  1. Informal Resolution: In the case that the facts alleged in the Formal Complaint are not contested, or where the Respondent has admitted, or wishes to admit Responsibility, or where both Parties want to resolve the case without a completed investigation or adjudication, the Title IX Coordinator and a member of the Title IX team can facilitate an Informal Resolution of the Formal Complaint that does not necessitate adjudication. The Parties must agree to this Informal Resolution in writing. If either of the Parties do not wish to participate in the Informal Resolution prior to an adjudication by the Hearing Panel, the Title IX Coordinator will schedule a Live Hearing for the case.
  2. Live Hearing: The Live Hearing option will be offered to both Parties and will include the following:
  • A Decision-Maker who is not the Title IX Coordinator or a Title IX Investigator of the case
  • Preponderance of Evidence as the Standard of Evidence;
  • Conducted with all parties physically present in the same geographic location or, at the College’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other;
  • An audio or audiovisual recording, or transcript of any Live Hearing and make it available to the Parties for inspection and review;
  • • Questioning of Parties and Witnesses (Cross-Examination) by Advisors: the Decision Maker must permit each Party’s Advisor to ask the other Party and any witnesses all relevant questions and follow-up questions, including those challenging credibility, directly, orally and in real time; 
  • Cross-Examination will never be conducted by the Complainant or the Respondent; 
  • The Decision-Maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant, before a Complainant, Respondent, or Witness answers a Cross-Examination or other question;
  • The College will provide an employee who is a Title IX trained Advisor to conduct Cross-Examination on behalf of the Complainant and/or the Respondent. If either or both of the Parties do not have an Advisor present at the Live Hearing, the Title IX Coordinator will need to be notified before the Live Hearing if an Advisor is needed;
  • Each Party will receive written notification of the outcome of the Live Hearing from the Title IX Coordinator. The notification will include the following:

i. Determination of responsibility, including identification of the allegations which constitute sexual harassment or sexual misconduct;

ii. Procedural steps taken from the receipt of the Formal Complaint through the determination including notifications to the Parties, interviews with the Parties, witnesses, site visits, and methods used to gather information;

iii. Findings of facts supporting the determination; and

iv. Conclusions regarding the application of the College’s Code of Conduct to the facts;

v. A statement of, and rationale for, the result as to each allegation, including a determination regarding Responsibility, any disciplinary sanctions the College imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the Complainant.

vi. Description of permissible procedures for appeal. 

Appeals

Both Parties will have the opportunity to submit a written Appeal from a determination regarding Responsibility, and concerning the College’s dismissal of a Formal Complaint or any allegations therein. The Respondent or the Complainant may appeal the decision of the Hearing Panel within 5 (five) consecutive days of the receipt of the decision. Appeals must be in writing and based on one of the following grounds for appeal and specifically stated in the written appeal.

Grounds for Appeals: (A) Procedural irregularity that affected the outcome of the matter; (B) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and (C) The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

Requirements of Appeals: The Title IX Coordinator will

(A) Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties; 

(B) Ensure that the Decision-Maker for the Appeal is not the same person as the Decision-Maker that reached the determination regarding responsibility or dismissal, the investigators, or the Title IX Coordinator; 

(C) Ensure that the Decision-Maker for the Appeal complies with the standards set forth for Appeals under the Title IX guidelines; 

(D) Give both Parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome; 

(E) Issue a written decision describing the result of the appeal and the rationale for the result; and

(F) Provide the written decision simultaneously to both parties by Wesleyan email.

Appeals Board: Appeals for cases arising under this Policy will be heard by an Appeals Board. The Title IX Coordinator will appoint an Appeals Board of not less than three College employees who have received Title IX training. These individuals will not have been previously associated with the investigation as witnesses, Advisors, Hearing Panel Members, or members of the Title IX team working on the case. 

The Appeals Board will have access to all documents including, but not limited to: Recordings, both audio and video, communications, including electronic and non-electronic written documents, Preliminary Report, Investigative Report, responses to reports, Addenda, and any other documents associated with the case that are not made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the College obtains that Party’s voluntary, written consent.  

If the Appeals Board determines that a ground for appeal is substantiated, the case will be returned to the Coordinator. Otherwise, the decision of the Hearing Panel is final. When a case is returned to the Coordinator, the Coordinator may: 

  1.  Decide to drop the case (e.g., based on insufficient information to believe that a Policy violation may have occurred), or 
  2. Send the case to the original Hearing Panel for reconsideration, or 
  3. Send the case to a new Hearing Panel with the same or different charges, and/or (re)implement any aspect of the disciplinary process When a case is sent back for a new hearing, it is possible that a different decision (i.e., the decision of responsibility and/or sanctions) may subsequently result. 

Limitation on Grounds of Appeals: The Complainant may appeal on the ground that the remedies are not designed to restore or preserve the Complainant’s access to the College’s education program or activity, but the Complainant is not entitled to a particular sanction against the Respondent. (Sec.106.45 (b) (5)

Sanctions

The following are possible sanctions which may be assigned after a finding of Responsibility. This list is not exhaustive and may be modified to meet the particular circumstances of any given case. 

  1. Expulsion- Permanent severance of the student's relationship with the College. This severance includes being barred from campus. 
  2. Suspension- Temporary severance of the student's relationship with the College for a specified period of time. A student may be denied certain privileges for a specified period of time. These privileges may include, but are not limited to, class attendance, housing, parking on campus, participation in extracurricular activities, ID card privileges, access to institutional facilities, and access to the campus. This may include being barred from campus during the suspension.
  3. Disciplinary Probation- Notice to the student that any further, major disciplinary violation may result in suspension. Disciplinary probation might also include the setting of restrictions or the issuing of a reprimand. 
  4. Counseling- The committee may require that a Respondent participate in counseling with the campus counselor for issues including, but not limited to, anger management, substance abuse, and extenuating personal circumstances. The Counselor may confirm participation, but not the content of the meetings. 
  5. Change in regular Work or School assignment (Employee or Student)
  6. Referral to Sanctions outlined in the Student Handbook for students
  7. Referral to Human Resources and Employee or Faculty Handbook for employees
Record Keeping

Title IX Records will be maintained for 7 (seven) years and in accordance with the College’s Records Retention Policy. Title IX records include: 

  1. Investigations
  2. Determinations
  3. Recordings 
  4. Transcripts
  5. Sanctions
  6. Remedies
  7. Appeals
  8. Informal Resolutions
  9. Training Materials

Calendar of Events

Wesleyan College is privileged to steward many arts and cultural events and share them with the community. Most are free and open to the public. Wesleyan art galleries are open M-F 1-5PM and on Wesleyan Market Saturdays from 10AM-2PM.

Event listing

Visit our Campus

Tour our beautiful 200-acre campus featuring Georgian architecture, lush green spaces, recreational facilities, residence halls, and worship center.

Vist Wesleyan Virtually

NCAA Division III Athletics

Wesleyan College is home to five NCAA Division III sports: soccer, basketball, volleyball, tennis, and softball. In addition, we offer an award-winning Intercollegiate Horse Show Association (IHSA) Equestrian program.

View More

Join our email list