Part D: Appendices

• Advisor: a person chosen by a party or appointed by the institution to accompany the party to meetings related to a resolution process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any.
• Appeal Decision-maker: the person or panel who accepts or rejects a submitted appeal request, determines whether an error occurred that substantially affected the investigation or original determination, and directs corrective action, accordingly.
• Complainant: an individual who is the victim of conduct that could constitute discrimination, harassment, or misconduct as covered by this Policy.
• Confidential Resource: an employee who is not a Mandated Reporter of notice of discrimination, harassment, and/or retaliation (irrespective of Clery Act Campus Security Authority status).
• Day: means a business day when the College is in normal operation.
• Decision-maker: the person or panel who hears evidence, determines relevance, and makes the Final Determination of whether this Policy has been violated and/or assigns sanctions.
• Directly Related Evidence: evidence connected to the complaint, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and cannot be relied upon by the Decision-maker(s). Compared to Relevant Evidence, below.
• Education Program orActivity: locations, events, or circumstances where Saint Mary’s College exercises substantial control over both the Respondent and the context in which the discrimination, harassment, misconduct, and/or retaliation occurs and includes any building owned or controlled by a student organization that is officially recognized by the College.
• Final Determination: a conclusion by the standard of proof that the alleged conduct did or did not violate policy.
• Finding: a conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
• Formal Complaint: a document submitted and signed by a Complainant or signed by the Title IX Coordinator alleging a Respondent engaged in discrimination, harassment, retaliation, or misconduct as covered by this Policy and requesting that the College investigate the allegation(s).
• Formal Resolution Process: a method of formal resolution designated by the College to address conduct that falls within this Policy, and which complies with the requirements of the Title IX regulations (34 C.F.R. § 106.45, 2020) and the Violence Against Women Act § 304 (“VAWA”).
• Informal Resolution: a complaint resolution agreed to by the parties and approved by the Title IX Coordinator, or designee, that occurs prior to a formal Final Determination being reached.
• Investigator: the person(s) authorized by Saint Mary’s College of California to gather facts about an alleged violation of this Policy, assess relevance of evidence, synthesize the evidence, and compile this information into an investigation report of Relevant Evidence and a file of Directly Related Evidence.
• Mandated Reporter: a Saint Mary’s College employee who is obligated by policy to share knowledge, notice, and/or reports of sex-based discrimination and harassment, sexual misconduct, and/or retaliation with the Title IX Support and Compliance Office.¹
• Notice: means an employee, student, or third party informs the Title IX Coordinator or other Official with Authority of an alleged occurrence of discriminatory, harassing, and/or retaliatory conduct.
• Official with Authority (OWA): a college employee who has responsibility to implement corrective measures for discrimination, harassment, misconduct, and/or retaliation on behalf of the College.
• Parties: Complainant(s) and Respondent(s), collectively.
• Postsecondary Institution: a campus of the University of California, the California State University, or the California Community Colleges, a private postsecondary educational institution, or an independent institution of higher education that receives state financial assistance.
• Recipient: a postsecondary education program that receives federal funding.
• Relevant Evidence: evidence that tends to prove (inculpatory) or disprove (exculpatory) an issue in the complaint.
• Remedies: post-Final Determination actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the College’s education program.
• Resolution Process Pool: includes any Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution support staff, and College-appointed Advisors who may perform any or all these roles (though not at the same time with respect to the same complaint).
• Respondent: an individual who has been reported to be alleged of conduct that constitutes discrimination, harassment, retaliation, or misconduct under this Policy.
• Responsible Employee²: an employee who has the authority to take action to redress sexual harassment or provide supportive measures to students, or who has the duty to report sexual harassment to an appropriate school official who has that authority.
• Resolution: the result of an Informal Resolution or Formal Resolution Process.
• Sanction: a consequence imposed on a Respondent who is found to have violated policy.
• Sexual Harassment: an umbrella category including the offenses of sexual harassment, sexual assault, dating violence, domestic violence, and stalking.
• Student: any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing educational relationship with the College.
• Title IX Coordinator: an official designated by Saint Mary’s College to ensure compliance with Title IX and the College’s Title IX-related programs. References to the Coordinator throughout this policy may also encompass a designee of the coordinator for specific tasks.
• Title IX Team: refers to the Title IX Coordinator, liaisons, and members of the Resolution Process Pool, collectively.

The right to an equitable investigation and resolution of all credible allegations of prohibited discrimination or harassment (if known) made in good faith to the College officials.

The right to timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated College policies and procedures, and possible sanctions.

The right to timely written notice of any material adjustments to the allegations and any attendance adjustments needed to clarify potentially implicated policy violations.

The right to be fully informed of relevant College policies and procedures as well as the nature and extent of all alleged violations.

The right to be informed in advance of any public release of information regarding the allegation(s) or underlying incident(s), whenever possible.

The right to not have any personally identifiable information released to the public, without consent provided, except to the extent permitted by law.

The right to be treated with respect by college officials, and any persons serving in a role in the resolution process.

The right to have the College policies and procedures followed without material deviation.

The right to not be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.

The right to not be discouraged by the College from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities.

The right to be informed by the College of options to notify proper law enforcement authorities and/or other college officials.

The right to have allegations of violations of this Policy responded to promptly by the College. 

The right to be informed of available resources, such as counseling, advocacy, health care, legal, student financial aid, visa and immigration assistance, or other services, both on-campus and in the community.

The right to request a college-implemented No Contact Directive (or a no-trespass order against a nonaffiliated third party) when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct that presents a danger to the welfare of the party or others.¹

The right to privacy.

The right to be informed of available supportive measures in changing academic, living, and/or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report or investigation, either campus or criminal, needs to occur before this option is available. The right to have the College maintain such actions for as long as necessary and for supportive measures to remain private, provided privacy does not impair the College’s ability to provide the accommodations or protective measures.

The right to receive sufficiently advanced, written notice of any meeting or interview involving the other party, when possible.

The right to ask the Investigator(s) and Decision-maker(s) to identify and question relevant witnesses, including expert witnesses.

The right to not have irrelevant prior sexual history or character admitted as evidence.

The right to know the relevant and directly related evidence obtained, and to respond to that evidence.

A right to a fair opportunity for the parties to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.

The right to receive a copy of the investigation report, including all factual analysis performed, and all relevant and directly related evidence available and used to produce the investigation report, subject to the privacy limitations imposed by state and federal law, prior to the hearing, and the right to have at least ten (10) days to review the report prior to the hearing.

The right to respond to the investigation report, including comments, providing any additional relevance evidence, and identifying any new witnesses after having the opportunity to review the investigation report, and to have those responses on the record.

The right to be informed of all the names of all witnesses whose information will be used to make a finding, in advance of the hearing and that finding, where relevant.

The right to regular updates on the status of the investigation and/or resolution.

The right to have reports of alleged Policy violations addressed by persons who have received relevant and annual training.

The right to meetings, interviews, and/or hearings that are closed to the public.

The right to petition that any College representative in the process be recused on the basis of a disqualifying bias or conflict of interest.

The right to have an Advisor of their choice, or to have an Advisor appointed by the College to accompany and assist the party in all meetings and/or interviews associated with the investigation and resolution process.

The right to have an Advisor conduct cross-examination of the other party and witnesses at a hearing, if any.

The right to the use of the preponderance of the evidence standard to make a finding after an objective evaluation of all relevant evidence.

The right to be present via remote technology, during all testimony given and evidence presented during any formal resolution hearing.

The right to submit an impact and/or mitigation statement to be read by the Panel following a determination of responsibility of any allegation, but prior to sanctioning.

The right to be promptly informed in a written notice of the finding(s) and sanction(s), if any, and a detailed rationale, delivered simultaneously (without undue delay) to the parties.

The right to be informed in writing of when a decision by the College is considered final and any changes to the sanctions that occur before the decision if finalized.

The right to be informed of the opportunity to appeal the finding(s) of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by the College in this Policy.

The right to a fundamentally fair resolution as defined in these procedures.

Right to an Advisor

Individuals bringing forward allegations (“Complainants”), and individuals responding to allegations (“Respondents”) may select any person to be an Advisor¹ of their choice. Parties also have a right to choose to not have an Advisor.

The parties are expected to inform the Title IX Coordinator of the identity of their Advisor at least one (1) business day before the date of the scheduled interview or meeting (or as soon as possible if a more expeditious meeting is necessary or desired). A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time. A new Release of Information for each Advisor will be required before the Title IX Coordinator, or any person involved in the resolution process, will communicate with someone identified as an Advisor. If Advisors are changes throughout the process, the Release of Information for that Advisor will null any and all prior releases to formerly identified Advisors but may be reinstituted if a change back occurs.

The College cannot guarantee equal Advisory rights, meaning that is one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the College is not obligated to provide an attorney.

Support Person(s)

The parties are encouraged to seek guidance from other individuals of their choosing for continued physical, mental, and emotional support throughout the process.

A support person, or advocate, who is not designated as the party’s “Advisor” may not attend interviews or be present at meetings unless given exception by the Title IX Coordinator, which will then allow for equitable opportunity for the other party to also have a support person present as well.

Who Can Serve as an Advisor

The Advisor may be a friend, mentor, family member, attorney, or any other individuals a party chooses to advise, support, and consult with them through a resolution process as long as the Advisor is eligible and available.²

Parties may choose an Advisor from inside or outside of the College community. 

Advisors are subject to the same College policies and administrative rules, whether they are attorneys or not.

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict of interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Decision-maker(s).

If the parties choose an Advisor from outside the pool of those identified by the College, the Advisor may not have been trained by the College and may not be familiar with Saint Mary’s College policies and procedures.

College-Appointed Advisor

The Title IX Coordinator will offer to assign an Advisor for any party if the party so chooses. If the parties choose an Advisor from the pool available, the Advisor will be trained and familiar with the College’s resolution processes. 

College-Appointed Advisors can provide clarification about Saint Mary’s College policies and procedures, and may attend all meetings, investigation interviews, and resolution proceedings, at which their advisee is entitled to be present, and review documents and materials from the investigation, the draft and final investigation report, and any relevant documents related to the outcome of the resolution process. A College-Appointed Advisor cannot provide legal advice.

Expectations of an Advisor

Advisors should assist a party with preparing for any meeting or interview that is associated with the investigation, administrative resolution, and/or appeal process. Advisors should help their advisee prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

The College generally expects an Advisor to adjust their schedule to allow them to attend College meetings/interviews when planned, but the College may change schedules meetings/interviews to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

The College may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview by telephone, video conferencing, or other similar technologies as may be convenient and available.

All Advisors are subject to the same College policies and procedures, whether they are attorneys or not. The College may seek to restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s privacy expectations.

The parties are expected to respond to questions on their own behalf throughout the investigation phase of 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 need, or quietly passing notes during any resolution process meeting or interview, as long as they do not disrupt the process. For longer or more involved discussions, the parties should ask for a break to allow for private consultation.

Advisors who act outside of their role or who impede or obstruct proceedings, who disseminate information to third party individuals or organizations, who represent themselves to others who are engaged in our process as having any role other than an Advisor in the process may be excluded from investigation and resolution proceedings.

Any Advisor who oversteps their role as defined by this Policy will be warned once and only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the Advisor will be asked to leave the meeting. When an Advisor is removed from a meeting, that meeting will typically continue without the Advisor present. Subsequently, the Title IX Coordinator will determine whether the Advisor may be reinstated or replaced by a different Advisor. 

Advisor Role in Meetings and Interviews

The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help their advisee prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

Advisors may request to meet with the administrative officials conducting interviews/meetings in advance of these interviews and meetings to clarify and understand their role and the College’s policies and procedures.

Sharing Information with an Advisor

The College expects that the parties may wish to have the College share documentation and evidence related to the allegations with their Advisor. The College provides a release of information form authorizing the College to share such information directly with a party’s Advisor. The parties must complete and submit this form to the Title IX Coordinator before the College is able to share records with an Advisor. This form is available from the Title IX Coordinator.

Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the College. The College may seek to restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s privacy expectations.

The College’s communication protocol with the Complainant or Respondent does not permit going through a representative or other intermediary because of the importance of direct communication with the Complainant or Respondent during the investigation and resolution process as described in this Policy. The College will not approve requests that all communication be made through an attorney Advisor, however, will make every effort to include an Advisor as a “cc” in communications related to the resolution process, if so desired by the party.

Assistance in Securing an External Advisor

Parties can find legal assistance through a number of community resources listed below. A party can choose to hire independent legal counsel to serve as an Advisor. In that event, the individual is solely responsible for any fees related to the representation.

Bay Area Legal Aid may be a resource used to source information and referrals for legal representation.

• Website: https://baylegal.org/get-help/find-an-office/contra-costa-county/
• Phone: (510) 233-6846

For representation, Respondents may wish to contact organizations such as: 

• FACE (http://www.facecampusequality.org)
• SAVE (http://www.saveservices.org)

For representation, Complainants may wish to contact organizations such as: 

• The Victim Rights Law Center (http://www.victimrights.org),
• The National Center for Victims of Crime (http://www.victimsofcrime.org), which maintains the Crime Victim's Bar Association,

The Times Up Legal Defense Fund (https://nwlc.org/times-up-legal-defense-fund/)

In some cases, the Title IX Coordinator may determine that a threat assessment or violence risk assessment (hereafter “VRA”) should occur, with consultation of Human Resources for situations involving an employee, or Dean of Students for those involving a student.

Threat assessment is the process by evaluating the actionability of violence by an individual against another person or group following the issuance of a direct or conditional threat. A VRA is a broader term used to assess any potential violence or danger, regardless of the presence of a vague, conditions, or direct threat.

The VRA will determine whether the reported information and any other available information provides a rational basis for concluding that there is a compelling risk to health and/or safety that requires the College to pursue formal action to protect the community. A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence.

The outcome of the VRA will be based upon a review of the totality of the known circumstances, and will be guided by a consideration of any of the following factors:

• Whether the Respondent has threatened to commit violence or any threat to physical health/safety.
• Whether aggravating circumstances or signs of violence, threats of violence, or other predatory behavior are present.
• Whether there is evidence of violence including, but not limited to, hitting, punching, slapping, kicking, restraining, strangling, and/or brandishing or using a weapon.
• Whether the report reveals a pattern or potential conduct or to assess/identify grooming behaviors.
• Whether the Title IX Coordinator should pursue/sign a Formal Complaint absent a willing/able Complainant.
• Whether the alleged conduct involved physical violence.
• Whether the Complainant is (or was at the time of the prohibited conduct) a minor (under 18 years of age).
• Whether to permit a voluntary withdrawal of the Respondent.
• Whether it is reasonable to try and resolve a complaint through informal resolution, and what modality might be most appropriate.
• Whether a Clery Act Timely Warning, and/or Trespass Order is needed.

A VRA is not an evaluation for an involuntary behavioral health hospitalization (e.g., 5150 in California) nor is it a psychological or mental health assessment. A VRA assesses the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement, criminology, human resources, and psychology.

Where a VRA is required by the Title IX Coordinator, a Respondent refusing to cooperate may result in an allegation of failure to comply within the appropriate student or employee conduct process.

In all cases, the initial report, the assessment, and the determination of the Executive Director of Campus Safety and Transportation will be documented and retained by the College in accordance with institutional recordkeeping policies.

Following the completion of the VRA, the Executive Director of Campus Safety and Transportation, Title IX Coordinator, and other appropriate campus officials will reconvene as necessary to continue to evaluate whether any new or additional information received triggers any further obligation(s) under the Clery Act or with respect to any child protective agency and will direct the Title IX Coordinator to take such further actions, as necessary.

This Policy covers records maintained in any medium that are created pursuant to the College’s Sex Discrimination and Harassment, Sexual Misconduct, and Retaliation Policy and the regular business of the College’s Title IX Support and Compliance Office. All such records are considered private or confidential by the Title IX Support and Compliance Office, in accordance with FERPA and the directive from the Department of Education to maintain the confidentiality of records related to discrimination, harassment, and retaliation. These records may be shared internally with those who have a legitimate educational interest and will be shared with the Parties to a Complaint under applicable federal and/or state law. The Title IX Support and Compliance Office controls the dissemination and sharing of any records under its control.

Types of Records Covered Under this Policy

Records pertaining to the Sex-Based Discrimination and Harassment, Sexual Misconduct, and Retaliation Policy, include, but are not limited to:

• The Complaint
• NOIAs
• Documentation of notice to the institution, including incident reports
• Anonymous reports later linked to a specific incident involving known Parties
• Any documentation supporting the initial evaluation
• Investigation-related evidence (e.g., physical and documentary evidence collected and interview recordings or transcripts)
• Dismissal-related documentation and appeals
• Documentation related to Emergency Removals, leaves, and interim actions and challenges
• Documentation related to the Resolution Process
• The Final Investigation Report and file
• Remedy-related documentation
• Appeal-related documentation
• Informal Resolution records
• Outcome Notices
• Any other records typically maintained by the College as part of the Complaint file

Drafts and Working Files: Preliminary drafts and “working files” are not considered records that the College must maintain, and these are typically destroyed during the course of an investigation or at the conclusion of the Resolution Process. They are preliminary versions of records and other documents that do not state a final position on the subject matter reviewed or are not considered to be in final form by their author and/or the Title IX Coordinator. An example of a “working file” would be an Investigator’s notes made during an interview on topics that they want to revisit in subsequent interviews. Sole possession records maintained as such in accordance with FERPA are also not included in this category. All drafts of investigation reports shared with the Parties are maintained.

Attorney Work-Product: Communications from the Title IX Support and Compliance Office, or its designees, with the College’s legal counsel may be work product protected by attorney-client privilege. These privileged communications are not considered records to be maintained by the Title IX Support and Compliance Office or accessible under this Policy unless the Title IX Coordinator, in consultation with legal counsel as necessary, determines that these communications should be included as accessible records.

Record Storage

Records may be created and maintained in different media formats; this Policy applies to all records, irrespective of format. Security protocols will be in place to preserve the integrity and privacy of any parts of any records that are maintained by the Title IX Support and Compliance Office during the pendency of an investigation. 

The Title IX Support and Compliance Office will store all records created pursuant to the Policy, regardless of the identities of the Parties. Any extra (non-essential) copies of records (both digital and paper) shall be destroyed.

Record Retention

All records created and maintained pursuant to the Policy will be retained by the Title IX Support and Compliance Office for a minimum of seven (7) years in database, digital, and/or paper form. Except for records pertaining to Title IX and the Clery Act/VAWA, the Title IX Coordinator may authorize destruction or expungement acting under their own discretion, or in accordance with a duly executed and binding claim settlement and/or by court or government order.

Record Access

Access to records created pursuant to the Policy or housed in the Title IX Support and Compliance Office is strictly limited to the Title IX Coordinator and any person they authorize, at their discretion, or via permission levels within the database. Those who are granted broad access to the Title IX Support and Compliance Office records are expected to access only those pertinent to their scope, work, or specific assignment. Anyone who accesses such records without proper authorization may be subject to an investigation and possible discipline/sanction. The discipline/sanction for unauthorized access of records covered by this Policy will be at the discretion of the appropriate disciplinary authority, consistent with other relevant College policies and procedures.

Student Parties may request access to their complaint file. The College will provide access or a copy within 45 business days of the request. Appropriate redactions or personally identifiable information may be made before inspection, or any copy is shared.

During an investigation, materials may be shared with the Parties using secure file transmission software. The Title IX Support and Compliance Office will watermark any such file with the watermark identifying the role of the person in the process (e.g., Complainant, Respondent, Decision-maker; Complainant’s Advisor) before sharing.

Record Security

The Title IX Coordinator is expected to maintain appropriate security practices for all records, including password protection, lock and key, and other barriers to access as appropriate. Record security should include protection from floods, fires, and other potential emergencies. Clothing, forensic, and other physical evidence (rarely maintained by the College), shall be securely stored in the Campus Safety and Transportation office or another appropriate secure location. A catalog of all physical evidence will be retained with the Complaint file.

Saint Mary’s College recognizes there are risks in sexual or romantic relationships among persons in a workplace or academic setting between individuals in inherently unequal positions; this policy prohibits certain relationships between employees and students; and requires recusal (from supervision and evaluation) and notification in other relationships.

In General

In the college context, relationships with inherently unequal positions include, but are not limited to, teacher and student, supervisor and employee, faculty at different ranks including adjunct faculty, mentor and trainee, advisor and advisee, teaching assistance and student, coach and athlete, and individuals who supervise the day-to-day student living environments and their residents.

Because of the potential for conflict of interest, exploitation, favoritism, and bias, such relationships may undermine the real or perceived integrity of the supervision and evaluation provided. Further, these relationships are often less consensual than the individual whose position confers power or authority believes. In addition, circumstances may change and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a sexual or romantic involvement, this past consent does not remove grounds for a change of inappropriate behavior based upon subsequent unwelcome conduct.

Such relationships may also have unintended, adverse effects on the climate of an academic program or work unit, thereby impairing the learning or working environment for others – both during such a relationship and after any dissolution of the relationship. Relationships in which one party is in a position to evaluate the work or influence the career of the other may provide grounds for complaint by third parties when that relationship gives undue access or advantage, restricts opportunities, or simply creates a perception of these problems. Additionally, even when a relationship ends, there may be bias (even if unintentional) for or against the former partner, or there could be an ongoing impression of such bias.

Since these relationships can occur in multiple contexts on campus, the following addresses certain context specifically below. However, all sexual and romantic relationships involving individuals in unequal positions are to be considered included, even if not addressed explicitly in what follows.

With Students

In the Lasallian tradition, the teacher-student relationship is a sacred one; it lies at the heart of the College’s educational mission and its integrity must be maintained. The teacher’s influence and authority can extend far beyond the classroom and into the future, affecting the academic progress and careers of students.

Accordingly, the College expects teachers to maintain interactions with students free from influences that may interfere with the learning and personal development experiences to which students are entitled. In this context, teachers include those who are entrusted to Saint Mary’s to teach, supervise, mentor, and coach students, including faculty of all ranks, adjunct faculty, academic advisors, and staff of all institutional departments and offices. This section does not apply to Saint Mary’s students (undergraduates, degree completion programs, and graduate/professional) who may at times take on the role of teaches or teaching assistants, for whom are addressed in a separate section below.

As a general proposition, the College believes that a sexual or romantic relationship between an employee and a student – even where consensual and whether the student is subject to supervision or evaluation by the employee – is inconsistent with the proper role of a teacher or other employee.

Consequently, the College has established the following parameters regarding sexual or romantic relationships with Saint Mary’s students:

Sexual or romantic relationships between employees and traditional undergraduate students are prohibited regardless of current or future academic or supervisory responsibilities for that student. In addition, attempting to engage in such a relationship by an employee, even if no relationship manifests, is prohibited.

Whenever an employee has had, or in the future might reasonably be expected to have, academic responsibility over any student in a graduate or professional students or certificate program, such relationships are prohibited. Attempting to engage in such a relationship by an employee, even if no relationship manifests, is prohibited.              

No employee shall exercise academic responsibility over any student with whom they have previously had a sexual or romantic relationship. “Academic responsibility” includes, but is not limited to, teaching, grading, mentoring, advising on or evaluating research or other academic activity, participating in decisions regarding funding or other resources, and recommending for admissions, access, participation in events or programs, employment, fellowships, or awards.

In any case of a pre-existing sexual or romantic relationship between an employee and student, the employee must both recuse themselves from any supervisory or academic responsibility over the student, and notify their supervisor, department chair, or dean about the situation so that adequate alternative supervisory or evaluative arrangements can be put in place. This obligation to recuse and notify exists for past as well as for current relationships.

Failure to disclose the relationship in a timely fashion will itself be considered a violation of policy.

Between Students (Student Teachers, Teaching Assistants (TA), Resident Advisors (RA), and Graders)

Many existing policies govern student responsibilities towards each other (e.g., see Student Handbook or student employment agreements). When undergraduate or graduate/professional students or post-doctoral scholars are serving in the teaching role as teachers, TAs, graders, RAs, or research supervisors, the following is applicable. 

This policy does not prohibit students from having consensual sexual or romantic relationships with fellow students, however, if such a relationship exists between such individuals in those roles, the student employee shall not exercise any evaluative or grading functions for that student.

The student employee must notify their supervisor so that alternative evaluative or oversight arrangements can be put into place.

Failure to notify a supervisor of past or current relationships and to recuse in the case of a current relationship in this situation will be subject to discipline under the Student Handbook Student Code of Conduct.

There are certain circumstances in the context of student teachers where recusal can be complicated (e.g., SI/T leader). For these circumstances, the faculty or staff supervisor, upon notification from their student teacher, would be responsible to ensure impartiality in the evaluative or supervisory roles played by student teachers towards a student in their course with whom they have a current sexual or romantic relationship.

In Other Contexts

Consensual sexual or romantic relationships between adult employees (including faculty) are not in general prohibited by this policy. However, relationships between employees in which one has a direct or indirect authority over the other are potentially problematic. This concern exists even where the employees are in a pre-existing relationship, marriage, or domestic partnership.

Where such a relationship develops, the person in the position of greater authority must recuse themselves from any direct supervisory or evaluative function over the other person in the relationship. This person must notify their supervisor, department chair, dean, or human resources manager, so that person can ensure adequate alternative supervisory or evaluative arrangements are put in place.

The obligation to recuse and notify exists for past as well as for current relationships.

Failure to disclose the relationship in a timely fashion will itself be considered a violation of policy.

The College has the authority to take reasonable steps necessary or appropriate to carry out this policy, including transferring either or both employees to minimize disruption of the working environment.

Additional Matters

If there is any doubt whether a relationship falls within this policy, individuals should disclose the facts and seeks guidance rather than fail to disclose. Where the relationship among the individuals is that of marriage or domestic partnership, this policy will not prohibit the relationship, however, all other conditions and procedures addressed in this policy will apply.

Questions may be addressed to your supervisor or appropriate dean, or to the Title IX Coordinator or Vice President for Human Resources. 

In situations where it is programmatically infeasible to provide alternative supervision, academic responsibility, and/or evaluation, the appropriate dean, director, or supervisor must approve all (as applicable) academic responsibility, evaluative, and compensation actions.

Employees who engage in sexual or romantic relationships with a student or other employee contrary to the guidance, prohibitions and requirements provided in this Policy are subject to disciplinary action up to and including dismissal, depending on the nature of and context for the violation. They will also be held accountable for adverse consequences that result from those relationships.

The procedures for investigating violations of the Consensual Sexual or Romantic Relationship portion of this Policy and the sanctions for violations of this Policy are the same procedures and sanctions for violations of the Formal Grievance Process as outlined above in this Policy.

This Policy applies to all students, faculty of different ranks, salaried adjunct and per-course adjunct faculty, staff, and any other employee who participates in Saint Mary’s College of California programs and activities.