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For the purpose of making a determination regarding responsibility, the College must
appoint decision-maker(s) who cannot be the same person(s) as the Title IX Coordinator(s) or the investigator(s) for the College's grievance procedures.¹⁰⁸ When making a determination regarding responsibility, the College must apply the standard of evidence as defined above.¹⁰⁹

The College's decision-maker(s) must issue a written determination regarding responsibility.¹¹⁰ The College must provide the written determination to the parties simultaneously.¹¹¹ The College's written determination must include:

(a) identification of the allegations potentially constituting sexual harassment;
(b) a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
(c) findings of fact supporting the determination;
(d) conclusions regarding the application of the College’s code of conduct to the facts;
(e) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the College imposes on the respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the complainant; and
(f) the College’s procedures and permissible bases for the complainant and respondent to appeal.¹¹²

The College must list all of the possible sanctions or supportive measures that the College may impose following the results of any College disciplinary proceeding for an allegation of dating violence, domestic violence, sexual assault, or stalking in its annual security report, all of which are listed in Appendix “B”.¹¹³ In cases of alleged violence, sexual harassment, dating violence, sexual assault, or stalking, both the complainant and the respondent shall be simultaneously informed in writing of the outcome of any institutional disciplinary proceeding, the institution's procedures for the accused and the complainant ¹¹⁴ to appeal the results of the institutional disciplinary proceeding, any change to the results that occurs prior to the time that such results become final, and when such results become final. ¹¹⁵

The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. ¹¹⁶

The Title IX Coordinator is responsible for effective implementation of any remedies.¹¹⁷

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^{108 34 CFR §106.45(b)(7)(i)
109 34 CFR §106.45(b)(7)(i)
110 34 CFR §106.45(b)(7)(i)
111 34 CFR §106.45(b)(7)(iii)
112 34 CFR §106.45(b)(7)(ii)(A)-(F)
113 34 CFR §668.46(k)(1)(k)(iii)
114 See Note 46 above.
115 20 U.S.C. § 1092(f)(8)(B)(iv)(III)
116 34 CFR §106.45(b)(7)(iii)
117 34 CFR §106.45(b)(7)(iv)}