Determination Regarding Responsibility

Within ten (10) business days after the conclusion of the hearing, the Hearing Officer will make a decision regarding responsibility.  The Hearing Officer will apply a preponderance of the evidence standard when determining responsibility.  With seven (7) business days of reaching his/her decision, the Hearing Officer will issue a written determination to both parties simultaneously.  The written determination will include:

1. Identification of the allegations potentially constituting sexual harassment as defined in 34 C.F.R. § 106.30 (Title IX) and/or constituting sexual violence, domestic violence, dating violence, or stalking pursuant to the Preventing Sexual Violence in Higher Education Act;
2. 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;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the Student Code of conduct or other conduct standards to the facts;
5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the College imposes on the respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the complainant; and
6. The procedures and permissible bases for the complainant and respondent to appeal.