Cottey College Title IX Policy

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Policy: Sexual Harassment, Including Sexual Assault, Dating Violence, Domestic Violence, Stalking, and Retaliation 

Glossary

  • Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the
    hearing, if any. 
  • Complainant means an individual who is alleged to be the victim of conduct that could be sexual harassment based on a protected class; or retaliation for engaging
    in a protected activity. 
  • Complaint (formal) means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment or retaliation for engaging in a protected activity against a Respondent and requesting that the recipient investigate the allegation. 
  • Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment and/or retaliation (irrespective of Clery Act Campus Security Authority status). 
  • Day means a business day when Cottey is in normal operation. 
  • Education Program or Activity means locations, events, or circumstances where Cottey exercises substantial control over both the Respondent and the context in which the sexual harassment occurs and includes any building owned or controlled by a student organization that is officially recognized by Cottey.
  • Final Determination: A conclusion by a preponderance of the evidence that the alleged conduct did or did not violate policy.
  • Finding: A conclusion by a preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”). 
  • Formal Grievance Process means “Process A,” a method of formal resolution designated by the recipient to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations (34 CFR § 106.45). 
  • Grievance Process Pool includes any investigators, hearing officers, appeal officers, and Advisors who may perform any or all these roles (though not at the same time or with respect to the same case). 
  • Panel refers to those who have decision-making and sanctioning authority within Cottey’s Formal Grievance process. 
  • Investigator means the person or persons charged by Cottey with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.
  • Mandated Reporter means an employee of Cottey who is obligated by policy to share knowledge, notice, and/or reports of harassment and/or retaliation with the Title IX Coordinator or Deputy Title IX Coordinators. 
  • Notice means that an employee, student, or third party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct. 
  • Official with Authority (OWA) means an employee of Cottey explicitly vested with the responsibility to implement corrective measures for sexual harassment and/or retaliation on behalf of Cottey. 
  • Parties include the Complainant(s) and Respondent(s), collectively.
  • Process A means the Formal Grievance Process detailed below and defined above.
  • Cottey means a postsecondary education program that is a recipient of federal funding. 
  • Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to Cottey’s educational program. •
  • Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity. •
  • Resolution means the result of an informal or Formal Grievance Process. 
  • Sanction means a consequence imposed by Cottey on a Respondent who is found to have violated this policy. 
  • Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, dating violence, and domestic violence. 
  • Title IX Coordinator is at least one official designated by Cottey to ensure compliance with Title IX and Cottey’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.
  • Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the Grievance Process Pool.