SEXUAL MISCONDUCT POLICY

III. APPLICABLE PROCEDURES

A “Complainant” is the individual who reports or is reported as having experienced Prohibited Conduct.(2) A “Respondent” is the individual accused of having violated this Policy. This Policy sets forth the provisions applicable to all community members, including how the Colleges will handle the initial assessment of reports of Prohibited Conduct. If Formal or Informal Resolution is required, the report will be considered a Complaint. The specific procedures used to resolve a Complaint will depend upon the nature of the relationship of the Respondent to the Colleges:

• Where the Respondent is a student, the Colleges will resolve Complaints by the procedures outlined in the Procedures for Resolving a Sexual Misconduct Complaint Against a Student, set out in Appendix A to this Policy.
• Where the Respondent is a faculty member, the Colleges will resolve Complaints by retaining an outside investigator to investigate the matter, substantially in the same manner set out in the Procedures for Resolving a Sexual Misconduct Complaint Against a Student, excepting that the investigator will make credibility determinations, observations of demeanor, and recommended findings. The Provost will then either accept or reject the recommended finding of the investigator and propose an appropriate sanction.

If the faculty member does not accept the Provost’s recommendations, then the faculty member may file a grievance under the procedures set out in the Faculty Bylaws and Procedures. Any procedures relating to termination of a tenured faculty member will be subject to the Faculty Bylaws and Procedures.

  • Where the Respondent is a staff member, the Colleges will resolve Complaints by retaining an outside investigator to investigate the matter, substantially in the same manner set out in the Procedures for Resolving a Sexual Misconduct Complaint Against a Student, excepting that the investigator will make credibility determinations, observations of demeanor, and recommended findings. The investigator will submit an investigation report to the Director of Human Resources who will accept or reject the recommended finding and determine the appropriate sanction. The Director of Human Resources will consult with the Respondent’s supervisor for resolution, including imposition of any sanction(s).
  • Where the Respondent is third party, the Title IX Coordinator will determine the appropriate manner of resolution to ensure a prompt and equitable process and provide for the safety and well-being of the Complainant and the broader campus community. When a report involves students or employees from HWS and another institution, the institutions may work collaboratively to address Sexual Misconduct provided that such collaboration complies with the Family Educational Rights and Privacy Act codified at 20 U.S.C 123g; 34 C.F.R Part 99 and other applicable federal and state laws.

The Colleges’ Procedures provide prompt and equitable responses to all reports of Prohibited Conduct and outline specific timeframes for major stages of the process. The Procedures provide all parties notice and an opportunity to present witnesses and evidence and the opportunity to view all information that will be used to determine whether a violation of this Policy has occurred. The Colleges apply the preponderance of the evidence standard to determine whether a violation occurred. The preponderance of the evidence means that it is more likely than not that a Policy violation occurred.

In any Complaint involving Sexual Misconduct, the Complainant and the Respondent will have the opportunity to review any documents that will be considered in the context of the proceeding, and both a Complainant and Respondent may be accompanied to any meeting by an advisor of choice.


(2) The Colleges recognize that individual Complainants may also choose to self-identify as a victim or survivor.

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Geneva, NY 14456
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