Discrimination and Harassment FAQ

The Title IX Coordinator will reach out to the individual or group that submitted a report
to offer supportive measures, and provide information about their rights and options
moving forward. An individual or group is not required to respond to the Title IX
Coordinator.

If an individual or group submits a report to the College, hereafter referred to as the
Complainant, the Complainant will determine whether they want to engage in the
grievance procedures under the Discrimination and Harassment Policy. Grievance
procedures include but are not limited to informal resolutions, mediation, alternative
resolutions, and a formal resolution (investigation). With very few exceptions, the
College with honor the requests of a Complainant in determining whether to initiate a
grievance procedure under the Discrimination and Harassment Policy.

If applicable, the Title IX Coordinator will notify the individual or group to which
allegations of violations of the Discrimination and Harassment Policy, hereafter referred
to as the Respondent of the nature and details of the allegation(s). The Respondent will
be informed of their respective rights and offered supportive measures.

The Title IX Coordinator will initiate an investigation, if appropriate.

A Complainant or Respondent is not required to participate in a grievance process, and
will not be discredited for not participating.

The Respondent is considered not responsible for violations of the Discrimination and
Harassment Policy unless and until the preponderance of the evidence proves that a
violation of the Policy has occurred.

The Title IX Coordinator will not contact the parents or guardians of any involved party unless permission is granted by the party. The College is prohibited from doing so by the Family Educational and Rights to Privacy Act (FERPA). Under FERPA, parents/guardians cannot access their student’s educational records if the student is enrolled in post-secondary education, regardless of age, unless the student gives written permission to allow access to the parents/guardians through a FERPA waiver.

Yes, the Title IX Coordinator has a procedure for the Complainant to request to withdraw a complaint, in whole or in part. Refer to the Discrimination and Harassment Policy for more information.

A victim of discrimination and harassment has the right to report an incident to law enforcement, Campus Safety, and/or the College. The victim also has the right not to report an incident. A victim wishing to report to law enforcement may obtain assistance from the College when making the report. The College will not file a report to law enforcement on behalf of a victim.

Yes. Hartwick has conduct jurisdiction over students who choose to take a leave of absence, withdraw, or have graduated for any misconduct that occurred prior to their leave, withdrawal, or graduation. Hartwick does not maintain jurisdiction over former employees but will ensure that appropriate supportive and safety measures are in place.

If the Complainant states that they want to initiate the formal grievance process pursuant to the provision of the Discrimination and Harassment Policy and Resolution Process, investigations must be adequate, thorough, reliable, impartial, prompt, and fair. They involve interviewing all relevant Parties and witnesses, obtaining relevant evidence, and identifying facts, as necessary.

After an interview, Parties and witnesses will be asked to verify the accuracy of the recording, transcript, or summary of their interview. They may submit changes, edits, or clarifications. If the Parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.

The College may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

Advisors help Parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

The Parties are expected to ask and respond to questions on their behalf throughout the Resolution Process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

The College encourages the participation of identified witnesses to participate in an investigation, but are not required to participate.

Parties or witnesses will be contacted to schedule an investigation interview with the neutral, impartial Investigator(s). The parties can prepare for the interview with their advisor in advance if they wish. The Investigator(s) will take a statement from each interviewee during the interview. Interviewees don’t have to answer every question that is asked. Interviewees should bring any evidence they have (texts, screenshots, physical evidence, video, etc.) with them to the interview. Parties and witnesses may be asked to be interviewed more than once.

• The Title IX Coordinator will provide the Hearing Officer, the Parties, and their Advisors with the Final Investigation Report (FIR) and investigation file, including
  the evidence and information obtained through the Investigator-led questioning
  meetings.
• The Hearing Officer will review the FIR, all appendices, and the investigation file.
• If the record is incomplete, the Hearing Officer may direct a re-opening of the investigation or may direct or conduct any additional inquiry necessary, including
  informal meetings with the Parties or any witnesses, if needed.
• Upon reviewing the relevant evidence, the Hearing Officer may also choose to
  pose additional questions:
  – To the extent credibility is in dispute and relevant to one or more of the
  allegations, the Hearing Officer may meet individually with the Parties and
  witnesses to question them to assess their credibility. These meetings will
  be recorded, and the recording or transcript will be shared with the
  Parties.
  – At their discretion, the Hearing Officer may also meet with any party or
  witness to ask additional relevant questions that will aid the Hearing
  Officer in making their findings. These meetings will be recorded, and the
  recording or transcript will be shared with the Parties.
• The Hearing Officer will then apply the Preponderance of the evidence to make a determination on each of the allegations and, if applicable, any associated
  sanctions.

The preponderance of evidence is the standard a hearing officer uses to determine if a violation of the Discrimination and Harassment Policy occurred. This means that it is more likely than not that a violation of the Policy occurred.

If an appeal is filed and accepted, both parties will be notified. The non-appealing party will be provided the opportunity to review the appeal and submit a written statement in support of, or challenging, the appeal. A three [3] member Appeals Panel will be appointed to review the appeal. The decision of the Appeals Panel will be communicated to both parties in writing. The Appeals Panel’s decision will be made using the preponderance of evidence standard. The Appeals Panel’s decision is final and binding.

To initiate an Informal Resolution, a Complainant or Respondent may make such a request to the Title IX Coordinator at any time prior to a final determination, or the Title IX Coordinator may offer the option to the Parties, in writing. The College will obtain voluntary, written confirmation that all Parties wish to resolve the matter through an Informal Resolution before proceeding and will not pressure the Parties to participate in any Informal Resolution.

The following consist of the primary forms of an Informal Resolution process:
1) The Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation.

2) When the Title IX Coordinator can resolve the matter informally by having a conversation with the Respondent to discuss the Complainant’s concerns and institutional expectations or can accompany the Complainant in their desire to confront the conduct.

3) When the Respondent is willing to accept responsibility for violating Policy and is
willing to agree to actions that will be enforced similarly to sanctions, the Complainant(s) and the College are agreeable to the resolution terms.

When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.).

All formal investigations or informal resolutions will be conducted in a thorough and prompt manner. Each process can take anywhere from several weeks to a few months to complete. Parties are kept informed of the timeline and are notified should there be cause for any delays.