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The Formal Grievance Process relies on a pool of administrators (“the Pool”) to carry out the process. Members of the Pool are announced in an annual distribution of this policy to all students, parents/guardians of students, employees, prospective students, and prospective employees.
Pool Member Roles
Members of the Pool are trained annually and can serve in the following roles, at the direction of the Title IX Coordinator
- To provide appropriate intake of and initial guidance pertaining to complaints
- To act as an Advisor to the parties
- To serve in a facilitation role in Informal Resolution or Alternate Resolution if appropriately trained in appropriate resolution modalities (e.g., mediation, restorative practices).
- To perform or assist with an initial assessment
- To investigate complaints
- To serve as a Decision-maker regarding the complaint
- To serve as an Appeal Decision-maker
Pool Member Appointment
The Title IX Coordinator, in consultation with the President, appoints the Pool, which acts with independence and impartiality. Although members of the Pool are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different cases, Cottey can also designate permanent roles for individuals in the Pool, using others as substitutes or providing greater depth of experience when necessary. This process of role assignment may be the result of particular skills, aptitudes, or talents identified in members of the Pool that make them best suited to particular roles.
Pool Member Training
The Pool members receive annual training jointly OR based on their respective roles. This training includes but is not limited to
- The scope of Cottey’s Sexual Harassment Policy and Procedures
- How to conduct investigations and hearings that protect the safety of Complainants and Respondents, and promote accountability
- Implicit bias
- Disparate treatment and impact
- Reporting, confidentiality, and privacy requirements
- Applicable laws, regulations, and federal regulatory guidance
- How to implement appropriate and situation-specific remedies
- How to investigate in a thorough, reliable, and impartial manner
- How to uphold fairness, equity, and due process
- How to weigh evidence
- How to conduct questioning
- How to assess credibility
- Impartiality and objectivity
- How to render findings and generate clear, concise, evidence-based rationales
- The definitions of all offenses
- How to apply definitions used by the recipient with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with policy
- How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes
- How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and bias
- Any technology to be used at a live hearing
- Issues of relevance of questions and evidence
- Issues of relevance to creating an investigation report that fairly summarizes relevant evidence
- How to determine appropriate sanctions in reference to all forms of harassment and/or retaliation allegations
- Recordkeeping
Specific training is also provided for Appeal Decision-Makers, Intake Personnel, Advisors (who are Cottey employees), and Chairs. All Pool members are required to attend these trainings annually. The materials used to train all members of the Pool are publicly posted here: Title IX Policies.
Pool Membership
The Pool includes:
- Four or more chairs: one representative from human resources and one from student life, etc., who are members and who respectively Chair hearings for allegations involving student and employee Respondents
- Three or more members of the academic affairs administration and/or faculty
- Three or more members of the administration/staff
- One representative from campus safety
- One representative from athletics
Pool members are usually appointed to three-year terms with terms staggered. Individuals who are interested in serving in the Pool are encouraged to contact the Title IX Coordinator. Individuals may serve multiple terms.