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Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator(s), or by any other means that results in the Title IX Coordinator(s) receiving the person’s verbal or written report. ⁴⁰ Such report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator(s). ⁴¹

a. Response to Sexual Harassment in General

When the College has actual knowledge of sexual harassment occurring in any of the College’s education programs or activities against a person in the United States, the College shall respond promptly in a manner that is not deliberately indifferent. ⁴² The College shall treat complainants and respondents equitably by offering supportive measures to a complainant, and by following the College’s grievance policy before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent. ⁴³ Additionally, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. The College will provide written notification of complainant’s options ⁴⁵ for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the complainant and if such accommodations are reasonably available, regardless of whether the complainant chooses to report the crime to campus police or local law enforcement.⁴⁶ The College will respond in the manner described in this section with or without a formal complaint. ⁴⁷

b. College’s Response to a Formal Complaint

When a formal complaint has been filed, the College shall follow all procedures consistent with Title IX and the College’s grievance policy. ⁴⁸

The College may remove a respondent from the College’s education program or activity on an emergency basis, after the College undertakes an individualized safety and risk analysis, determines that the respondent poses an immediate threat to the physical health or safety of any student or individual arising from the allegations of sexual harassment and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. ⁴⁹ The College may also place a non-student employee respondent on administrative leave during the pendency of a grievance process. ⁵⁰

c. Confidentiality and Privilege

The College will provide information, in writing, about how the College will protect the confidentiality of complainants, ⁵¹ including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the complainant, ⁵² to the extent permissible by law. ⁵³ The College shall keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. ⁵⁴ The College shall maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. ⁵⁵

The College does not require, allow, rely upon, or otherwise use questions or evidence that constitute or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege. ⁵⁶

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^{40 34 CFR §106.8(a)
41 34 CFR §106.8(a)
42 34 CFR §106.44(a)
43 34 CFR §106.44(a)
44 34 CFR §106.44(a)
45 Although 34 CFR §668.46 and 20 U.S.C. §1092 refer to “victim”, this policy utilizes the word “complainant” because “complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment under 34 CFR§106.30(a). See Section III for the definition of “complainant.”
46 34 CFR §668.46(b)(11)(v)
47 34 CFR §106.44(b)(1)
48 34 CFR §106.44(b)(1)
49 34 CFR § 106.44(c)
50 34 CFR §106.44(d)
51 See Note 46 above.
52 See Note 46 above.
53 34 CFR §668.46(b)(11)(A)
54 34 CFR §106.71(a)
55 34 CFR §106.30(a)
56 34 CFR §106.45(b)(1)(x)}