Part A: Policy

Saint Mary's College’s primary concern is student and employee safety, and the core purpose of this Policy is the prohibition of discrimination based on sex. Sometimes, discrimination involves exclusion from or different treatment in activities, such as admissions, athletics, or employment. At other times, discrimination takes the form of harassment, including sexual assault, dating violence, domestic violence, sexual exploitation, or stalking. When an alleged policy violation is reported, the allegations are subject to resolution using the College’s Resolution Processes outlined within this Policy – or are referred to the appropriate office(s) and policy(ies) which may be more suitable to the alleged behavior involved. 

This Policy applies to all reports of Prohibited Conduct received on or after the effective date of this Policy. If the alleged Prohibited Conduct occurred before the effective date of this Policy, applicable definitions of misconduct in college policies in existence at the time of the conduct will be used to the extent that they conflict with definitions in this Policy. The Resolution Processes under this Policy will be used to investigate and resolve all reports made or that are pending on or after the effective date of this Policy, regardless of when the incident(s) occurred.

This Policy uses the terms complainant, respondent, third party, and witness as follows:

• Complainant: An individual who is reported to have experienced conduct that could constitute Prohibited Conduct, even if they do not participate in any related process.
• Respondent: An individual who has been reported to have engaged in conduct that could constitute Prohibited Conduct.
• Party/Parties: A complainant or respondent participating in a resolution process.
• Witness: An individual who may have information relevant to a report of Prohibited Conduct. A witness may be a student, employee, or a third party.

For every report, the Title IX Coordinator will review the circumstances of the reported conduct to determine whether the College has jurisdiction or disciplinary authority over the respondent or the conduct. 

This Policy applies to all Saint Mary’s College of California community members, including students, faculty, administrators, staff, volunteers, vendors, contractors, visitors, and individuals regularly or temporarily employed, conducting business, studying, living, visiting, or having any official capacity with the College or on its property. The College strongly encourages reports of Prohibited Conduct regardless of who engaged in the conduct.

This Policy is also applicable to the effects of off-campus misconduct that effectively deprives a person of access to the College’s education program or activities. The College will extend jurisdiction to off-campus and/or online conduct when the Title IX Coordinator determines the conduct effects a substantial College interest.¹

The College strongly encourages reports of Prohibited Conduct regardless of location. Even if the Policy does not apply to the conduct because of its location, the College will take prompt action to provide for the safety and well-being of the complainant and the broader campus community.

• On-Campus Conduct: Conduct that occurs on-campus, including conduct which occurs on property owned or controlled by the College.
• College Programs: Conduct that occurs in the context of college employment or education programs or activities, including, but not limited to, SMC study abroad or internship programs.
• Off-Campus Conduct: Conduct that occurs off-campus and has continuing adverse effect on or creates a hostile environment for any member of the Saint Mary’s College community on-campus or in any College employment or education program or activity or effects a substantial College interest.
• Online Conduct: Conduct that occurs online, in any form or through any virtual medium, and has a continuing adverse effect on or creates a hostile environment for any member of the Saint Mary’s College community on-campus or in any College employment or education program or activity or effects a substantial College interest.

Regardless of whether a complaint has been filed under the resolution procedures outlined below, if the College knows, or reasonably should know, about possible sexual harassment involving individuals subject to the College’s policies at the time, the College will promptly take steps to determine whether the alleged conduct more likely than not occurred, or otherwise respond if the College determines that an investigation is not required.

Unknown or Unaffiliated Respondents

If the respondent reported is unknown, or in instances where the College does not have disciplinary authority over the respondent, the College will still take reasonably available steps to support a complainant through supportive measures and will assist a complainant in identifying external reporting mechanism(s). If criminal conduct is alleged, the College can assist in contacting law enforcement if the complainant would like to file a police report. Further, even when the respondent is not affiliated with the SMC community, College-related supportive measures, remedies, and resources may be provided to the complainant by contacting the Title IX Coordinator.

In addition, the College may take other actions as appropriate to protect the complainant against third parties, such as barring individuals from college property and/or events.

All vendors serving the College through third-party contracts are subject to the policies and procedures of their employers, and to this Policy and procedures when a contract states as such.

Respondent Enrolled or Employed at Another College/University

When a respondent is enrolled in, or employed by, another institution, the Title IX Coordinator can assist the complainant in liaising with the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

Similarly, the Title IX Coordinator may be able to assist and support a student or employee complainant who experiences discrimination in an externship, study abroad program, or other environment external to the College where nondiscrimination policies and procedures of the facilitating or host organization may give a complainant recourse.

Academic Freedom & Freedom of Speech

This Policy is not meant to inhibit or prohibit educational contact or discussions inside or outside of the classroom that include germane, but controversial, or sensitive subject matters protected by academic freedom. The College protects community members’ expression of ideas in their teaching, learning, and research, including advocacy that may be controversial, provocative, or unpopular. Though not unlimited, this protection extends to the expression of ideas, however controversial, in the classroom, residential life, and other campus-related activities. Allegations of discrimination or harassment involving speech must be carefully evaluated considering a person’s free speech rights under California law and the College’s commitment to academic freedom and free speech.

As a protected right under California law, currently enrolled students may not be subject to discipline based on speech, unless that speech rises to a legal standard of being unprotected. When speech or conduct is protected by academic freedom and/or the First Amendment, though not considered a violation of this Policy, supportive measures will be offered to those impacted.

Saint Mary’s College provides this policy and procedures on its website and a link in each handbook or catalog provided to applicants for admission and employment, students, employees, and all unions holding collective bargaining agreements with the College. Saint Mary’s College also provides this policy and procedures to each volunteer who regularly interacts with students and each individual or entity under contract with the College to perform any service involving regular interaction with students at the institution. 

The Title IX Coordinator oversees the Title IX Support & Compliance Office (“TIXSCO”) and implementations of Saint Mary’s College of California’s Sexual and Interpersonal Misconduct Policy.

The Title IX Coordinator has the primary responsibility for coordinating the College’s efforts related to intake, investigation, resolution, and implementation of supportive measures to stop, remedy, and prevent sex and gender-based discrimination and harassment, sexual misconduct, and retaliation prohibited under this Policy. 

The Title IX Coordinator may delegate responsibilities under this Policy to designated administrators or external professionals, who will have appropriate training and/or experience. When used in this Policy, the term Title IX Coordinator may include an appropriate designee. The Saint Mary’s College of California’s Title IX Coordinator’s contact information is:

Jess Varga

Title IX Coordinator

Title IX Support & Compliance Office

Mailing Address: 1928 Saint Mary’s Road, Moraga, CA 94575

Office Location: Dante 112

Direct Phone: (925) 631-4055

Direct Email: jev7@stmarys-ca.edu

Website: www.stmarys-ca.edu/about/title-ix

Additional Administrative Contact Information

Complaints or notices of alleged policy violations, concerns, or questions regarding policy and procedures, in addition to the Title IX Coordinator (contact information directly above), may be made internally to:

Kami Gray

Liaison for Athletics

Deputy Associate Director for Internal Operations/Senior Women’s Administrator

Office Location: UCU Pavillion, 2^nd floor

Direct Phone: (925) 631-4521

Direct Email: kgray@stmarys-ca.edu

Travis Mason

Liaison for Students

Associate Dean of Students/Director of Office of Community Life

Office Location: Ferroggiaro Hall, 2^nd Floor, Suite 200

Direct Phone: (925) 631-4238

Direct Email: tlm12@stmarys-ca.edu

Veronica Thomas

Liaison for Employees

Associate Vice President & Chief Human Resources Officer

Office Location: Filippi Administration Building, Garden Level

Direct Phone: (925) 631-4530

Direct Email: vrt4@stmarys-ca.edu

Officials With Authority (OWA)

In addition to notices or reports made to the Title IX Coordinator, or liaisons, individuals may make a report to the President of Saint Mary’s College, to any member of Senior Leadership (persons in the below roles), or to any of the Academic Deans. These individuals will ensure these notices are routed to the Title IX Coordinator or appropriate offices for response.

• President
• Chief of Staff
• Senior VP for Student Experience and Enrollment Management
• Senior VP for Finance and Administration and CFO
• VP for Facility Services
• Provost
• Chief Marketing and Communications Officer
• Associate VP and Senior Diversity Officer
• Chief Information Officer
• VP for Intercollegiate Athletics
• VP for Student Life
• VP for Advancement
• VP for Mission

The College has classified most employees as Mandated Reporters of any knowledge they have that a member of the SMC community is experiencing or has experienced discrimination or harassment based on sex or gender, other sexual misconduct, and/or retaliation. The section within the policy on Mandated Reporters details which employees have this responsibility and their duties, accordingly.

Independence & Conflicts of Interest

The Title IX Coordinator manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this Policy and these procedures. The Liaisons and any persons serving in roles to execute or implement the procedures within this Policy are vetted and trained to ensure they are not biased for or against any party in a specific complaint, or for or against Complainants and/or Respondents, generally.

Concerns of bias, conflicts of interest, misconduct, or discrimination by a member of the Title IX Team should be shared directly to the Title IX Coordinator (information above). To raise a concern involving bias, conflict of interest, misconduct, or discrimination by the Title IX Coordinator, contact Carol Ann Gittens, Acting Provost (Filippi Administration Building, 2^nd Floor).

External Reports & Inquiries

The College’s resolution procedures are administrative in nature and are separate and distinct from the criminal and civil legal systems. Pursuing resolution through these procedures does not preclude someone from pursuing legal action now or in the future or seeking recourse through state and/or federal agencies. Reports may be made externally to:

US Department of Education

Office for Civil Rights (OCR)

Regional Office Address: 50 United Nations Plaza, San Francisco, CA 94102

Regional Office Phone: (415) 486-5555

Regional Office Email: OCR.SanFrancisco@ed.gov

Website: www.edu.gov/ocr

US Equal Employment Opportunity Commission (EEOC)

For complaints involving employee-to-employee conduct

Regional Office Address: 1301 Clay Street, Suite 680-N, Oakland, CA 94612

Regional Office Phone: (510) 637-1684

Website: www.eeoc.gov/field-office/oakland

CA Department of Fair Employment and Housing (DFEH)

2218 Kausen Drive, Ste. 100, Elk Grove, CA 95758

Phone: (800) 884-1684

Email: contact.center@dfeh.ca.gov

Website: www.dfeh.ca.gov/complaintprocess

Notice or complaints of sex-based discrimination, sexual and interpersonal misconduct, and/or retaliation may be made using any of the following options:

Directly to Title IX Coordinator, Liaison, Official with Authority, or Mandated Reporter (including Resident Advisors)

A report may be made to any of these persons, which will be shared with the Title IX Coordinator. Reports may be made in-person, via email, or telephone.

Online, using the Incident Report Form

https://www.stmarys-ca.edu/about/title-ix/report-incident

Anonymous reports are accepted but can limit the response by the College. The office will investigate to determine if parties can be identified, if not, no formal action is taken, though measures intended to protect the community may be enacted. The College tries to provide supportive measures to all complainants, which may be impossible with an anonymous report that does not identify the complainant.

Because reporting carries no obligation to initiate formal action, and because the College respects complainant requests to dismiss complaints unless there is a compelling threat to health and/or safety, the complainant is largely in control and should not fear a loss of privacy by making a report that allows the College to discuss and/or provide supportive measures.

Campus Safety

Available 24/7/365, reports can be made in person at the Campus Safety and Transportation office in Assumption Hall, or by phone (925) 631-4282. If immediate response is needed or wanted, or assistance with reporting to local law enforcement (i.e., Moraga Police) in an emergency or urgent situation, we encourage calling Campus Safety for support.

As used in this Policy, the term “Formal Complaint” means a document or electronic submission (such as by electronic mail or through an online portal provided by the College for this purpose) that contains the complainant’s physical or digital signature or otherwise indicates that the complainant is the person filing the complaint, and requests that the College investigate the allegations. If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the complainant to ensure that the complaint is filed correctly.

What to Expect After Reporting

Upon receipt of a report or Formal Complaint to the Title IX Coordinator, a prompt initial assessment is initiated to determine the next steps. The College recognizes that each case is unique. The goal of assessment is to provide a consistent, equitable, integrated, and coordinated response to all reports and to ensure that individuals have access to information they need about resources for support, College policies, and resolution options for resolving their concerns.

After an initial assessment, the Title IX Coordinator, or designee, will contact the Complainant (if identified) to discuss the options for next steps, including submitting a Formal Complaint (when applicable) to investigate the allegations (if not already received), and share information on resources and supportive measures.

Deciding whether to make a report and choosing how to proceed are personal decisions. At the time a report is made, an individual does not need to decide whether to request any particular course of action, nor does an individual need to know how to label what happened. Complainants do not need to submit a Formal Complaint to receive supportive measures.

The offer to meet with the Title IX Coordinator in no way represents a finding of fact or responsibility of violation of this Policy. This meeting is conducted to:

• Gain a better understanding of the nature and circumstances of the allegations.
• Assess the safety of the individual(s) and the campus community.
• Provide information about resources, procedural options for resolution, and supportive measures.
• Identify what form of resolution is desired, reasonably available, and appropriate.
• Refer the party to another office for assistance if this Policy does not apply to the incident(s) reported.

In a situation when there is a serious there to the College community, but the complainant cannot or does not wish to proceed with the Formal Resolution Process, the Title IX Coordinator may initiate a Formal Complaint.

Brief Overview of Resolution Processes (see Appendices)

The resolution procedures outlined in the Appendices of this Policy have been developed to ensure fairness and consistency in the College’s response and resolution of alleged sex discrimination, and sexual and gender-based misconduct involving all students and employees (faculty and staff). No person’s academic or employment status shall be adversely affected in any way because of participating in these procedures, nor shall any retaliatory action taken against a person using these resolution procedures be tolerated.

Following an Initial Assessment, the Title IX Coordinator will then initiate one or more of the following measures:

• Offer Supportive Measures in all cases
• Offer Supportive Measures Only because the Complainant does not want to proceed with a Formal Complaint and the College can honor that request.
• Initiate an Informal Resolution Process (e.g., education, negotiated resolution agreements), as appropriate and permitted by law. A Formal Complaint is required to engage in this process for Title IX Sexual Harassment.
• Initiate a Formal Investigation and Formal Resolution Process (upon submission of a Formal Complaint). The College uses the Formal Resolution Process to determine whether policy has been violated and is the only mechanism which the College can pursue disciplinary action that only utilizes this process for response. When so, the College will promptly implement effective remedies and sanctions designed to ensure that it is not deliberately indifferent to discrimination or harassment, their potential recurrence, or their effects.

Based on the facts of the report, the Title IX Coordinator may refer the party to another department for assistance if the concern does not fall under the scope of this Policy.

Promptness

Once the Title IX Support and Compliance Office has received notice or a Formal Complaint, all allegations are promptly acted upon. Complaints typically take 60-90 business days to resolve. There are always exceptions and extenuating circumstances that can cause a process to take longer, but the College will avoid all undue delays within its control.

Any time the general timeframes for resolutions outlined in the College procedures will be delayed, the College will provide written notice to the parties of the delay, the cause for the delay, and an estimate of the anticipated additional time that will be needed because of the delay.

Duty to Report¹

All Saint Mary’s College of California employees (faculty, staff, and administrators, including student-employees), other than those deemed ‘Confidential Resources,’ are Mandated Reporters and are expected to promptly report all known details of actual or suspected sex-based discrimination, sexual misconduct, and/or related retaliation to the Title IX Coordinator, although there are some limited exceptions. 

Individuals may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator.

Effective January 1, 2022: Faculty and associate faculty, teachers, instructors, or lecturers (including graduate student instructors) while performing the duties of employment by the institution and Laboratory directors, coordinators, or principal investigators are considered Mandated Reporters under CA Senate Bill No. 493.

Confidential Resources²(see Confidentiality/Privacy for descriptions of the levels of privacy and confidentiality)

If a complainant would like the details of an incident/situation to not be documented and shared with the College (and will not result in college response), they may speak with: 

• On-campus licensed professional counselors at Counseling and Psychological Services (CAPS)
• On-campus health services providers
• On-campus CARE Center Director
• Ordained Clergy working within the scope of their designation or ordination
• Off-campus community-based resources
  • Licensed professional counselors or other medical providers
  • Local sexual assault crisis counselors
  • Domestic violence resources
  • Local or state agencies
  • Clergy/Chaplains
  • Attorneys

The above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, professional credentials, or official designations, except in extreme cases of immediacy of threat or danger or abuse of a minor, or when required to disclose by law or court order.

Disclosures at Public Awareness Events

Disclosures of discrimination, harassment, or sexual violence frequently are made in climate surveys, classroom writing assignments or discussions, human subjects research, or at public awareness events, such as “Take Back the Night” marches, speak-outs, or other forums. Such disclosures are not considered to be reportable events, nor as ‘Notice’ to the College. Such disclosures will not trigger mandated reporting or for the College to act concerning the information. However, such events inform education and prevention efforts, and the College will continue to provide information about support, resources, and options for resolutions.

Mandated Reporters & Notices

The following College employees are examples of positions mandated to report possible sex discrimination, sexual harassment, and other sexual misconduct incidents to the Title IX Coordinator (may not be exhaustive of all titles and roles who are Mandated Reporters):

• All staff and administrators, with the few exceptions listed below under Confidential Resources
• All Athletics Department staff, coaches, assistant coaches, and volunteer staff
• All Residential Experience staff, including Resident Advisors and Resident Directors
• Campus Recreation staff, including student staff and volunteer coaches/staff while performing the duties of employment/volunteering
• Campus Safety officers and staff
• Faculty and associate and adjunct faculty, teachers, instructors, and lecturers, including graduate student instructors, while performing the duties of employment by the institution and Laboratory directors, coordinators, or principal investigators.

Employees must promptly share all details of behaviors under this Policy that they observe or have knowledge of, even if not reported to them by a complainant or third party.

Failure of a Mandated Reporter to report an incident of sex-based discrimination, sexual harassment, other sexual misconduct, or retaliation of which they become aware is a violation of the College Policy and can be subject to disciplinary action for failure to comply/failure to report.

Though this may seem obvious, when a Mandated Reporter is engaged in harassment or other violations of this Policy, they still have a duty to report their own misconduct, though the College is not technically ‘on notice’ simply because a harasser is also a Mandated Reporter unless the harasser does in fact report themselves.

It is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.

Mandated Reporting Requirements for Health Practitioners of California³

Any licensed health care provider in the State of California providing services in a health facility, clinic, or physician’s office is required to make a report if they provide medical treatment for a physical condition to a patient whom they know, or reasonably suspect, is the victim of assaultive or abusive conduct or a firearm injury. The health practitioner is required to make a report by telephone as soon as practically possible and send a written report to a local law enforcement agency that has jurisdiction over the location in which the injury was sustained. This includes any health care practitioners in the Saint Mary’s College Student Health Center.

Timely Warnings – Clery Act

Federal regulations associated with the Jeanne Clery Act require every college and university to provide “timely warnings” to their campus community after designated employees (CSAs) or Campus Safety receive notice of specified crimes that appear to pose a serious or continuous threat to students and employees. The purpose of issuing a timely warning is to alert the campus community to the occurrence of a crime and heighten safety awareness of students and employees to enable to protect themselves. When Campus Safety issues a timely warning, they will ensure that the reporting party/Complainant’s name and other identifying information is not disclosed, while still providing enough information for the campus community to make important safety decisions considering the potential danger.

Federal Statistical Reporting Obligations

Certain institutional officials – those deemed Campus Security Authorities (CSAs) – have a duty to report the following for federal statistical reporting purposes (Clery Act):

1. All “primary crimes,” which include criminal homicide, rape, fondling, incest, statutory rape, robbery, aggravated assault, burglary, motor vehicle theft, and arson.
2. Hate crimes, which include any bias-motivated primary crime as well as any bias-motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property.
3. VAWA-based crimes,⁴ which include sexual assault, dating violence, domestic violence, and stalking.
4. Arrests and referrals for disciplinary action for weapons-related law violations, liquor-related law violations, and drug law violations.

All personally identifiable information is kept private, but statistical information must be shared with Campus Safety regarding the type of incident and its general location (on- or off-campus or in the surrounding area, but no addresses are given) for publication in the Annual Security Report and daily campus crime log.

Campus Security Authorities include student life/student conduct staff, campus security staff, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities.

Timeliness of Reporting

There is no limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer within the College’s jurisdiction and/or significant time has passed, the ability to investigate, and/or provide remedies may be more limited or impossible.

Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

When a notice/complaint is affected by significant time delay, the College will typically apply the policy in place at the time of the alleged misconduct and the procedures at the time of the notice/complaint (except where limited by law).

Coordination with Law Enforcement

The College strongly encourages complainants to report sexual harassment, sexual violence, and intimate partner violence that may also be a crime under California law. The College will assist a complainant in making a criminal report and cooperate with law enforcement agencies if a complainant decides to pursue the criminal process to the extent permitted by law. 

The College’s definitions and burden of proof may differ from California criminal law. A complainant may seek recourse under this Policy and/or pursue criminal action. Neither law enforcement determination whether or not to prosecute a respondent, nor the outcome of any criminal prosecution, are determinative of whether a violation of this Policy has occurred.

Proceeding under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. The College may not delay conducting its own investigation unless specifically requested by law enforcement (e.g., MPD). In the event of such a specific request, the College will defer its investigation only during the time that law enforcement is gathering evidence. The College will nevertheless communicate with the complainant and respondent (if appropriate) regarding their rights, procedural options, and the implementations of supportive measures to assure safety and well-being. The College will promptly resume fact-gathering as soon as it is informed that law enforcement has completed its initial investigation.

When a Complainant Does Not Wish to Proceed

If a complainant does not wish for their name to be shared, does not wish for an investigation to take place, and/or does not want to pursue a Formal Complaint, they may make such a request to the Title IX Coordinator, who will evaluate the request considering the duty to ensure the safety of the College community and to comply with state and/or federal law.

The Title IX Coordinator has the ultimate discretion over whether the College proceeds when the complainant does not wish to do so and may require a violence risk assessment to help determine whether to proceed. The Title IX Coordinator may sign a Formal Complaint to initiate a resolution process after reviewing any violence risk assessment results and weighing the following factors:

1. Multiple or prior reports alleging sexual misconduct against the respondent.
2. If the respondent reportedly used a weapon, physical restraints, or engaged in battery.
3. If the respondent is a faculty or staff member with oversight of students.
4. If there is a power imbalance between the complainant and respondent.
5. The complainant believes the complainant will be less safe if the complainant’s name is disclosed, or an investigation conducted.
6. The College can conduct a thorough investigation and obtain relevant evidence in the absence of the complainant’s cooperation.

In instances where the complainant’s request for confidentiality or no investigation is granted, the College will provide supportive measures to the complainant and take reasonable steps to respond to the complaint, consistent with the request, to limit the effects of the alleged sexual harassment, and prevent its recurrence without initiating formal action against the alleged respondent or revealing the identity of the complainant. These steps may include, but are not limited to:

• Increased monitoring, supervision, or security at locations or activities where the alleged misconduct occurred,
• Providing additional training and education materials for students and employees,
• Conducting climate surveys regarding sexual violence.

The College will also take immediate steps to provide for the safety of the complainant while keeping the complainant’s identity confidential, as appropriate. These steps may include changing living arrangements or course schedules, assignments, or test dates. The complainant will be notified that the steps the College will take to respond to the complaint will be limited by the request for confidentiality.

When the Title IX Coordinator executes a written Formal Complaint, they do not become the complainant. The complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this Policy.

When the College proceeds, the complainant (and/or their Advisor) may have as much or as little involvement in this process as they wish. The complainant retains all rights of a complainant under the Policy irrespective of their level of participation. Typically, when the complainant chooses not to participate, the Advisor may be appointed as proxy for the complainant throughout the process, acting to ensure and protect the rights of the complainant, though this does not extend to the provision of evidence or testimony. The College will inform the complainant prior to initiating the Formal Resolution Process and take immediate steps to provide for the safety of the complainant, where appropriate. In the event the complainant requests the College inform the respondent that the complainant asked the College not to investigate or seek discipline, the College will honor that request.

Note that the College’s ability to remedy and respond to a report may be limited if the complainant does not want the College to proceed with an investigation and/or resolution process. The goal is to provide the complainant with as much control over the process as possible, while balancing the College’s obligation to protect its community.

In cases in which the complainant requests confidentiality/no formal action and the circumstances allow for the College to honor that request, the College may offer Informal Resolution (upon receipt of a Formal Complaint for Title IX Sexual Harassment) options and supportive measures to the complainant and the community but will not otherwise pursue formal action.

If the complainant elects to take no action, they may change that decision and pursue a Formal Complaint at a later date. Upon making a Formal Complaint, a complainant has the right, and can expect, to have allegations taken seriously by the College and to have incidents investigated and properly resolved through these procedures. Please consider that delays may cause limitations on access to evidence, or present issues with respects to status of the parties.

False Allegations and Evidence

The College takes the accuracy of information very seriously, as a report of Prohibited Conduct may have severe consequences. Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination.

Additionally, witnesses and parties knowingly providing false information; tampering with or destroying evidence; or deliberately misleading an official who is involved in the implementation of a resolution process, including the investigation or hearing, can be subject to discipline under appropriate College policies.

Amnesty¹

Saint Mary’s College encourages the reporting of misconduct and crimes by complainants and witnesses. Sometimes, complainants and witnesses are hesitant to report to college officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons. It is in the best interests of the SMC community that complainants or witnesses choose to report misconduct to the College, that all parties and witnesses come forward to share what they know and are forthcoming in a resolution process.

To encourage reporting and participation in the process, the College maintains a policy of offering parties and witnesses amnesty for minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident.

Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a respondent is not based on identity characteristics, but on the fact that collateral misconduct is typically addressed for all students within a progressive accountability system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to a respondent with respect to a Complaint.

The College makes every effort to preserve the parties’ privacy. The college will not share the identity of any individual who has made a Complaint of sex discrimination, sexual or gender-based misconduct, or retaliation; any complainant; any individual who has been reported to be the perpetrator of sex discrimination, sexual or gender-based misconduct, or retaliation; any respondent; or any witnesses, except as permitted by, or to fulfill the purposes of, applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation, or resolution proceeding arising under these policies and procedures.^{1, 2}

Further, parties and advisors are expected to maintain the confidentiality of all information created by or shared with them by the College during any investigation and/or resolution process. Parties are entitled to share their own accounts and experiences but are encouraged to consider the sensitivity of the matter if they do so and should consult with their advisors on any potential implications of doing so.

Saint Mary’s College has implemented prevention and outreach programs to address issues of sexual harassment, sexual violence, dating and domestic violence, and stalking. These programs include, but are not limited to, information about the College’s policies and procedures, rights and responsibilities of community members, the practical implications of an affirmative consent standard, empowerment programming, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction programs. Prevention and outreach programs are included as part of incoming student and new employee orientations. In addition, all employees must complete ongoing prevention and intervention training and education.¹

The College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged sex discrimination, including sexual harassment, or sexual or gender-based misconduct, other prohibited conduct, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered, without fee or charge to the parties, to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all parties and/or the College’s educational environment and/or to deter discrimination, harassment, other misconduct, and/or retaliation.

The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice of a complaint. At the time supportive measures are offered, the College will also inform the complainant they may file a Formal Complaint with the College either at that time or in the future, if they have not already done so. The Title IX Coordinator, or designee, will work with the complainant to ensure their wishes are considered with respect to any planned and implemented supportive measures.

The College will maintain the confidentiality of all supportive measures, provided confidentiality does not impair the College’s ability to provide those supportive measures. The College will act to ensure as minimal an academic/occupational impact on the parties as possible. The College will implement measures in a way that does not unreasonably burden the other party.

These actions may include, but are not limited to:

• Referral to confidential counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program (for employees)
• Referral to community-based organizations and service providers
• Education to the College community and/or community subgroup(s)
• Campus housing adjustments
• Altering work arrangements for employees or student-employees
• Safety planning, such as increased security and monitoring of areas
• Implementing contact limitations between parties (No Contact Directives)
• Trespass, Persona Non Grata (PNG), or “Be-On-the-Lookout” (BOLO) notices for non-affiliated/banned persons
• Transportation safety planning and/or parking arrangements
• Academic support (e.g., requesting extensions of time, make-up work, or other course-related adjustments, allowing students to withdraw or take an Incomplete without financial penalty, in consultation with the instructor and department chair or dean’s office)
• Timely Warnings (Clery) to address concerns about broader campus safety
• Any other actions deemed appropriate by the Title IX Coordinator

Further Information on No Contact Directives

When requested by a party, or otherwise determined to be appropriate, the College may issue an No Contact Directive (NCD) prohibiting parties from contact/communication during the pendency of an investigation or resolution process. The College will not issue mutual No Contact Directives automatically but consider the specific circumstances of each situation to determine whether a mutual NCD is necessary or justifiable to protect the parties’ safety or well-being, or to respond to interference with an investigation. A No Contact Directive issued after a decision of responsibility has been made as a remedy will be unilateral and only apply against the party found responsible.

Upon issuance of a mutual No Contact Directive, the College will provide the parties with a written justification for the directive and an explanation of the terms of the directive.

Violations of No Contact Directives or other restrictions may be referred to appropriate student and/or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing complaint under this Policy.

The College can act to remove a student respondent accused of Title IX Sexual Harassment from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individuals justifies removal. This risk analysis is performed by the Director of Campus Safety and Transportation, or designee, and may be done in conjunction with the Behavioral Intervention Team using its standard objective violence risk assessment procedures. Students accused of Non-Title IX Prohibited Conduct are subject to interim suspension, which can be imposed for safety reasons and is arranged with the Dean of Students and Office of Community Life.

Employees, including student-employees, are subject to existing procedures for interim actions and leaves as outlined in employee handbooks.

The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders and is particularly time sensitive. The College will inform the complainant of the importance of preserving evidence by taking actions such as the following:

Sexual Assault

• Seek forensic medical assistance at the nearest hospital, ideally within 120 hours of the incident (sooner is better)
• Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if done
• If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth
• If clothes are changed, place soiled clothes in a paper bag (plastic degrades evidence) or secure evidence container (if provided by law enforcement)
• Seeking medical treatment can be essential even if it is not for the purpose of collecting forensic evidence

Stalking/Dating or Domestic Violence/Sexual Harassment

• Evidence in the form of text and voice messages will be lost in most cases if a party or witness changes their phone number
  • Make secondary recordings of any voice messages and/or save the audio files to a cloud server
  • Take screenshots and/or a video recording of text messages or other electronic messages (e.g., Instagram, Snapchat, TikTok, dating apps)
• Save copies of emails and social media correspondence, including notifications related to account access alerts
• Take time-stamped photographs of physical evidence including notes, gifts, etc. in place when possible
• Obtain copies of call logs showing the specific phone number being used rather than a saved contact name if possible
• If changing devices, make sure to transfer files needed to the new devices

During the initial meeting between the complainant and Title IX Coordinator, or designee, the importance of taking these actions will be discussed, if timely and applicable.

See Appendix E for Records Management and Access Policy

The Policy and associated procedures supersede all previous policies addressing sex discrimination, sexual harassment, sexual misconduct, gender-based misconduct, and retaliation, for incidents occurring on or after August 14, 2020. The Title IX Coordinator regularly reviews and updates the Policy and procedures. 

If laws or regulations change or court decisions alter policy or procedural requirements in a way that impacts this document, this document will be construed to comply with the most recent laws, regulations, or court holdings.

This document does not create legally enforceable protections beyond the protections of the background federal and state laws that frame such policies and codes, generally.

A change required by a court or government order could occur during an active investigation or resolution process. If that happens, the College reserves the right to adjust the Policy and Procedures accordingly and notify the parties of any necessary mid-process changes. This could include entirely replacing the Policy or associated procedures, which could necessitate restarting an investigation or resolution process. The College will make every effort to minimize the impact on the parties as much as possible if changes are unavoidable.

This Policy is effective August 1, 2025.