DETERMINATION REGARDING RESPONSIBILITY
For the purpose of making a determination regarding responsibility, the School must appoint decision-maker(s) who cannot be the same person(s) as the lead or deputy Title IX Coordinators or the investigator(s) for the School's grievance procedures. When making a determination regarding responsibility, the School must apply the standard of evidence as defined above.
The School's decision-maker(s) must issue a written determination regarding responsibility. The School must provide the written determination to the parties simultaneously. The School's written determination must include:
- identification of the allegations potentially constituting sexual discrimination (including harassment);
- a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- findings of fact supporting the determination;
- conclusions regarding the application of the School’s code of conduct to the facts;
- a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the School imposes on the respondent, and whether remedies designed to restore or preserve equal access to the School’s education program or activity will be provided by the School to the complainant; and
- the School’s procedures and permissible bases for the complainant and respondent to appeal.
The School must list all of the possible sanctions or supportive measures that the School may impose following the results of any School disciplinary proceeding for an allegation of dating violence, domestic violence, sexual assault, or stalking in its annual security report, all of which are listed in Appendix “B”. In cases of alleged violence, sexual harassment, dating violence, sexual assault, or stalking, both the complainant and the respondent shall be simultaneously informed in writing of the outcome of any institutional disciplinary proceeding, the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding, any change to the results that occurs prior to the time that such results become final, and when such results become final.
The determination regarding responsibility becomes final either on the date that the School provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
The Title IX Coordinator is responsible for effective implementation of any remedies.