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III. Investigation and Grievance Procedures for Student-to-Student Allegations
(For complaints involving a faculty or staff member or any other individual such as contractors, visitors or guests of the College, see the Faculty Handbook and the Employee Handbook.)
The College has established a Policy Against Discrimination, Harassment, and Sexual Misconduct ("Policy") that articulates the College's set of behavioral standards, common understandings of definitions and key concepts, and descriptions of prohibited conduct. The Policy (set forth above) and these Investigation and Grievance Procedures also outline the College's approach to addressing reports of sexual misconduct and other suspected violations of the Policy, taking into account the College's status as a private institution of higher education and its unique mission and culture. Because the College's approach to resolving alleged or suspected violations of the Policy is grounded in its mission and purpose as an educational institution, its approach to resolving alleged or suspected violations of the Policy is educational, rather than legal or judicial. As a result, the College retains the discretion to exercise its academic and educational judgment in investigating and resolving alleged or suspected violations of the Policy in a manner that is consistent with the various anti-discrimination laws that apply to its programs.
The College is committed to the prompt and equitable resolution of all alleged or suspected violations of the Policy about which the College knows or reasonably should know, regardless of whether a grievance or complaint alleging a violation of the Policy has been filed and regardless of where the conduct at issue occurred. The College's ability to investigate in a particular situation, or the extent of the investigation in any given situation, may be affected by any number of factors, including whether the complainant is willing to file a complaint or to consent to an investigation, the location where the alleged conduct occurred, and the College's access to information relevant to the alleged or suspected violation of the Policy. The College is nonetheless committed to investigating and resolving all alleged and suspected violations of the Policy to the fullest extent possible under the circumstances. In instances where an alleged or suspected victim of conduct that violates the Policy is unwilling or unable to file a complaint, the College, through a non-attorney representative selected by the College, may elect to proceed with a complaint and to seek resolution of the complaint in accordance with the Investigation and Grievance Procedures described below.
These Investigation and Grievance Procedures ("Procedures") apply to all suspected or alleged violations of the Policy and will be used in place of any Student Conduct Code or Conduct Council policies or procedures used to address other alleged misconduct involving students. In addition, any sanctions or other corrective actions imposed against students who violate the Policy shall be imposed pursuant to these Procedures, rather than pursuant to any Student Conduct Code, Conduct Council procedures, or other set of policies and procedures governing student conduct, unless the College determines in its discretion that the Student Conduct Code, Conduct Council procedures, or other policy governing student conduct should be used to resolve a particular matter. In addition, the College may, upon finding of good cause, modify these Procedures in the interests of promoting full and fair resolution of suspected or alleged violations of the Policy in accordance with applicable law.