Deliberation, Decision-making, and Standard of Proof

The Decision-Maker(s) will deliberate in a closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. A simple majority vote is required to determine the finding. The preponderance of the evidence is used.

When there is a finding of responsibility for one or more of the allegations, the Decision-Maker(s) may then consider the previously submitted party impact statements in determining the appropriate sanction(s). The Chair will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The Decision-Maker(s) may, at their discretion, consider the statements, but they are not binding.

The Decision-Maker(s) will review the statements and any pertinent conduct history provided by the appropriate administrator and will recommend the appropriate sanction(s) in consultation with other appropriate administrators, as required.

The Chair will then prepare a written deliberation statement and deliver it to the Title IX Coordinator, detailing the determination, rationale, the evidence used in support of its determination, the evidence not relied upon in its determination, credibility assessments, and any sanctions or recommendations.

This report must be submitted to the Title IX Coordinator within five (5) business days of the end of deliberations unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.