I. INTRODUCTION

This Procedure establishes the framework by which the university will respond to any Notice or Complaint of a potential violation of the Policy Prohibiting Discrimination, Harassment, and Sexual Misconduct (“the Policy”) that is received by the Title IX Coordinator/Equal Opportunity Officer[1] or any other Responsible Employee regarding conduct alleged to have occurred on or after August 1, 2024.

Additionally, the Procedure below may be used to address collateral related misconduct (e.g., vandalism, physical abuse of another) arising from the Investigation of or occurring in conjunction with reported conduct prohibited under the Policy. All other allegations unrelated to conduct covered by the Policy will be addressed through procedures described in the Student Integrity Code, Faculty Code, Code of Conduct, or other applicable university policies, codes, or standards.

The Title IX Coordinator/Equal Opportunity Officer oversees all Investigations and resolutions under this Procedure. All individuals who assist with this Procedure 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, misconduct, discrimination, or a potential conflict of interest by these individuals should be reported to the Title IX Coordinator/Equal Opportunity Officer at titleix-eoo@pugetsound.edu or 253.879.3793.

Any concern involving bias, conflict of interest, misconduct, or discrimination by the Title IX Coordinator/Equal Opportunity Officer, should be made to the Vice President for Student Affairs and Dean of Students at dos@pugetsound.edu or 253.879.3360.

The university operates with the presumption that any Respondent is not responsible unless and until the Respondent admits responsibility or is determined to be responsible for a policy violation through this Procedure.

II. WHAT HAPPENS ONCE A REPORT IS RECEIVED

A. Initial Assessment and Determination of Next Steps

Upon receipt of Notice or a Complaint of an alleged Policy violation, the Title IX Coordinator/Equal Opportunity Officer will initiate a prompt initial evaluation to determine the appropriate next steps under this procedure. The initial evaluation will typically be completed within five (5) business days of receipt.

An initial assessment includes:

  • Determining whether the allegations involve abuse of a minor and if so, immediately reporting to the appropriate external agencies (e.g., law enforcement and/or child protective services.)
  • Sending an outreach letter (typically through email) to the Complainant that includes an invitation to meet with the Title IX Coordinator/Equal Opportunity Officer, information about their right to file a complaint if they feel a Policy violation has occurred, information about how to request Supportive Measures, a link to the Policy and Procedure, and information about confidential resources available on and off-campus.
  • Assessing whether the reported conduct may reasonably constitute a violation of the Policy.
    • If the reported conduct may not reasonably constitute a violation of the Policy, the matter is typically dismissed from this process, consistent with the dismissal provision in this Procedure. If applicable, the conduct will be referred to the appropriate university office (e.g., Human Resources, Student Accountability & Restorative Practices, Provost) who will determine whether the behavior(s) may constitute lack of compliance with campus expectations outlined in any other published campus policies and codes.
  • Determining whether the university has jurisdiction over the reported conduct, as defined in the Policy.
    • If the reported conduct is not within university jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in this Procedure. If applicable, the conduct will be referred to the appropriate university office (e.g., Human Resources, Student Accountability & Restorative Practices, Provost) who will determine whether the behavior(s) may constitute lack of compliance with campus expectations outlined in any other published campus policies and codes.
  • Determining whether a "Timely Warning" or "Emergency Notification" to the campus may be necessary.[2]
  • Determining whether Emergency Action or Administrative Leave may be necessary.

B. Supportive Measures

Supportive measures are available to both Complainants and Respondents. If requested, the Title IX Coordinator/Equal Opportunity Officer will work with the party to provide Supportive Measures as appropriate (e.g., housing adjustment, withdrawal from class without penalty, workplace adjustments, campus no-contact order). Steps taken will be shared only with staff/faculty who have a need to know. In the case of a campus no-contact order, the parties’ names must be shared with each other so they can comply. Supportive measures cannot be disciplinary, punitive, or unreasonably burdensome. (See Policy for more information.)

C. Complainant Does Not Want to Proceed

If a Complainant does not wish for their name to be shared, does not wish for an Investigation to take place, or does not want a Complaint to be pursued, they may make such a request to the Title IX Coordinator/Equal Opportunity Officer, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law.

In cases in which a Complainant requests confidentiality/no formal action and the circumstances allow the university to honor that request, the university will offer Supportive Measures and remedies to Complainant and the community but will not otherwise pursue formal action.

A Complainant can change their decision and elect to file a Complaint at a later date. However, delays may cause limitations on access to evidence, present issues with respect to the status of the parties, or limit possible outcomes.

D. University-Initiated Complaints

The Title IX Coordinator/Equal Opportunity Officer has ultimate discretion as to whether a Complaint is initiated. If a Complainant does not wish to file a Complaint, the Title IX Coordinator/Equal Opportunity Officer will offer Supportive Measures and determine whether to initiate a Complaint on behalf of the university. To make this determination, the Title IX Coordinator/Equal Opportunity Officer will evaluate whether there is a serious and imminent threat to someone's safety or if the university cannot ensure equal access without initiating a Complaint. The Title IX Coordinator/Equal Opportunity Officer will consider the following non-exhaustive factors to determine whether to proceed with a university- initiated Complaint:

  • The Complainant’s request not to proceed with initiation of a Complaint;
  • The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
  • The risk that additional acts of discrimination would occur if a Complaint is not initiated;
  • The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus to end the discrimination and prevent its recurrence;
  • The age and relationship of the parties, including whether the Respondent is a university employee;
  • The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals;
  • The availability of evidence to assist the Investigator in determining whether discrimination occurred; and
  • Whether the university could end the alleged discrimination and prevent its recurrence without initiating its Resolution Process.

The Title IX Coordinator/Equal Opportunity Officer may consult with appropriate university employees to aid their determination whether to initiate a Complaint.

When the Title IX Coordinator/Equal Opportunity Officer initiates a Complaint, they do not become the Complainant. The Complainant is still the person who experienced the alleged conduct that could constitute a violation of this Policy and retains their rights and choice of whether to participate.

E. Emergency Action - Students

The university may remove a student Respondent from its education program or activity (including participation in athletics or other co-curricular activities) on an emergency basis, where the university:

1. Undertakes an individualized safety and risk analysis;

2. Determines that an imminent and serious threat to the health or safety of a Complainant or any student, employee, or other individual arising from the allegations justifies a removal; and

3. Provides the Respondent with notice of and an opportunity to appeal the decision immediately following the removal.

For cases alleging sex-based harassment or discrimination, the Respondent may challenge the decision immediately following the removal, by notifying the Title IX Coordinator/Equal Opportunity in writing. The university will designate an impartial individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable.

F. Emergency Action - Administrative Leave for Employees

The university retains the authority to place an employee Respondent on Administrative Leave during a pending Complaint process under this Policy, as appropriate and allowed by university policies, codes and standards permitted under other university policies.

G. Dismissal of a Complaint

Before dismissing a Complaint, the Title IX Coordinator/Equal Opportunity Officer will make reasonable efforts to clarify the allegations with the Complainant.

The Title IX Coordinator/Equal Opportunity Officer will dismiss a Complaint if:

  1. The university is unable to identify the Respondent after taking reasonable steps to do so;
  2. The Respondent is not participating in the university's education programs or activities and/or is not employed by the university;
  3. The Complainant voluntarily withdraws their Complaint in writing and the Title IX Coordinator/Equal Opportunity Officer declines to initiate a Complaint. A Complainant who decides to withdraw a Complaint or any portion of it may later request to reinstate it or refile it.
  4. The university determines the conduct alleged in the Complaint, even if proven, would not constitute prohibited conduct under the Policy Prohibiting Discrimination, Harassment, and Sexual Misconduct Policy.

The Title IX Coordinator/Equal Opportunity Officer will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the Title IX Coordinator/Equal Opportunity Officer will notify the parties simultaneously, in writing. If a dismissal of one or more allegations changes the appropriate decision-making process under these procedures, the Title IX Coordinator/Equal Opportunity Officer will include that information in the notification.

The university will notify the Complainant that a dismissal may be appealed on the bases outlined in the Appeals section. If dismissal occurs after the Respondent has been notified of the allegations, then the university will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, the university will follow the procedures outlined in the Appeals section of this procedure.

When a Complaint is dismissed, the university will, at a minimum:

  1. Offer Supportive Measures to the Complainant, as appropriate;
  2. If the Respondent has been notified of the allegations, offer Supportive Measures to the Respondent as appropriate; and
  3. Take other prompt and effective steps, as appropriate, through the Title IX Coordinator/Equal Opportunity Officer to ensure that any prohibited conduct that may be occurring does not continue or recur within the university’s workplace or in any education programs or activities.

H. Counterclaims

The university permits the filing of counterclaims. The Title IX Coordinator/Equal Opportunity Officer has sole discretion to determine whether investigation of such claims will take place concurrently with or after resolution of the underlying initial reported conduct, in which case a delay may occur. If the Complainant alleges that the counterclaim was made in retaliation for their original complaint, the university will determine whether the counterclaim constitutes prohibited retaliation.

I. Consolidation of Complaints

The Title IX Coordinator/Equal Opportunity Officer has the discretion to consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where multiple allegations arise out of the same facts or circumstances. Where a complaint involves more than one Complainant or more than one Respondent, references in this section to the singular ‘‘party,’’ ‘‘Complainant,’’ or ‘‘Respondent’’ include the plural, as applicable. Where multiple policies may be implicated by the same set of facts or circumstances, the university may bifurcate the proceedings in accordance with the requirements of the individual policies.

J. Notice of Investigation and Allegations (NOIA)

Upon determining that there is an actionable Complaint and that the Investigation and Resolution Process should be initiated, the Title IX Coordinator/Equal Opportunity Officer will issue a Notice of Investigation and Allegations (NOIA) to the parties. Should additional allegations be brought forward, or more information regarding location or date of the incident(s), a revised written NOIA shall be provided to all parties. For Investigations related to a university policy or practice that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

The NOIA shall include, at a minimum:

  • Sufficient information available at the time to allow the parties to respond to the allegations.
  • Sufficient information includes the identities of the parties involved in the incident(s), the conduct alleged, and the date(s) and location(s) of the alleged incident(s), to the extent that information is available;
  • A copy of this Procedure;
  • The name(s) of the Investigator(s), along with information about how to notify the Title IX Coordinator/Equal Opportunity Officer of any possible conflict of interest that the Investigator(s) may have in advance of the interview process;
  • A statement that the university presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination;
  • A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence;
  • A statement that the range for sanctioning of policy violations range from counseling to expulsion/termination;
  • A statement that retaliation is prohibited;
  • A statement that the parties may have an Advisor of their choice who may accompany them through all steps of the Investigation and Resolution Process;
  • Information about the confidentiality of the process, including that the parties and their Advisors (if applicable) may not share materials obtained through the Investigation and Resolution Process;
  • A statement informing the parties that the university prohibits knowingly making false statements, including knowingly submitting false information as part of the Investigation and Resolution Process;
  • Information about how a party may request disability accommodations or other support assistance during the process;
  • An instruction to preserve any evidence that is directly related to the allegations of the
  • Complaint(s);
  • An explanation that both parties may submit a written impact statement to the Title IX Coordinator/Equal Opportunity Officer any time prior to the conclusion of the Resolution Process. The impact statement is not evidence and will be reviewed by the Sanctioning Officer only if a determination of responsibility is reached; and
  • If applicable, information about the Agreement-based Resolution Process including:
    • The requirements of the process;
    • That, prior to agreeing to a resolution, any party has the right to withdraw from the Agreement-based Resolution process and to initiate or resume the Formal Resolution Process;
    • That the parties’ agreement to a resolution at the conclusion of the Agreement-based Resolution process will preclude the parties from initiating or resuming the Investigation and Resolution Process arising from the same allegations;
    • The potential terms that may be requested or offered in an Agreement-based Resolution, including notification that such a resolution agreement is binding only on the parties; and
    • Any consequences resulting from participating in the Agreement-based Resolution process, including the records that will be maintained or could be shared, and whether the university could disclose such information for use in a future process, including an Investigation and Resolution Process arising from the same or different allegations, as may be appropriate.

K. Written Communication

The university will provide to a party or witness whose participation is invited or expected, advance written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time to prepare to participate. Notices will be made in writing and may be delivered by email to the parties’ university-issued email or alternate method if email is not available. Once emailed, notice will be presumptively delivered. 

L. Respondent Unavailable or Unwilling to Participate in the Process

  1. Student Respondent Temporarily Unavailable
    Should a student Respondent temporarily withdraw or take a leave for only a specified period of time (e.g., one semester or term) after receiving a NOIA, the Title IX Coordinator/Equal Opportunity Officer will determine if the Investigation and Resolution Process can continue remotely or be temporarily delayed. Based on the totality of the circumstances, the student Respondent may not be permitted to return unless and until the Investigation and Resolution Process is complete.
  2. Student Respondent Permanently Unavailable
    Should a student Respondent permanently withdraw from the university after receiving a NOIA, the Investigation and Resolution Process ends, as the university no longer has disciplinary jurisdiction over the withdrawn student. However, the university will continue to investigate and address any systemic issues or concerns that are determined to have contributed to the alleged violation(s), and any ongoing effects of the alleged discrimination, harassment, sexual misconduct, and/or retaliation. Records maintained by the Title IX Coordinator/Equal Opportunity Officer will reflect that the student Respondent left the university while the investigation was pending. Based on the totality of the circumstances, the student Respondent may not be permitted to return unless and until the Investigation and Resolution Process is complete, and may be barred from university property and/or events.
  3. Employee Respondent Unavailable
    Should an employee Respondent voluntarily or involuntarily leave employment after receiving a NOIA and with unresolved allegations pending, the Title IX Coordinator/Equal Opportunity Officer will determine if the Investigation and Resolution Process will continue. In cases in which an employee Respondent is alleged to have committed sexual misconduct against a student, the process will proceed unless the Complainant requests otherwise. Per university policy and Washington State law, all university responses to future inquiries regarding employment references for the employee Respondent under investigation for sexual misconduct against a student will include that the former employee resigned during a pending disciplinary matter and the employee will not be eligible for rehire with the university.[3]

III. ADVISORS

The parties may each have an Advisor with them for all meetings and interviews conducted as part of this Procedure, if they so choose. The parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.[4]

A party may elect to change Advisors and is not obligated to use the same Advisor throughout. A party is expected to provide the Title IX Coordinator/Equal Opportunity Officer with timely notification if they change Advisors. If a party changes their Advisor, their consent to share information with the previous Advisor is assumed to be terminated, and the party must submit a release for the new Advisor to receive information.

The university generally expects an Advisor to adjust their schedule to allow them to attend university meetings when planned, but may change scheduled meetings to reasonably accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay in the Investigation and Resolution Process.

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

A. Who Can Serve as an Advisor

An Advisor may be a friend, mentor, family member, attorney, university faculty or staff member or any other individual a party chooses. The parties may choose their Advisor from inside or outside of the university community, so long as the Advisor is eligible and available as described above. The Advisor is expected to follow university policies and procedures.

The university cannot guarantee equal advisory representation. For example, if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the university is not obligated to provide an attorney.

B. Advisor’s Role in the Resolution Process

Advisors may advise, support and/or consult with a party, but cannot provide testimony or speak on behalf of their party unless given specific permission to do so. The parties are expected to ask and respond to questions on their own behalf. Advisors may consult with their party, either privately as needed, or by conferring or passing notes during any meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

C. Sharing Information with an Advisor; Confidentiality

Information gathered or shared as part of this Procedure is considered confidential. The university expects that the parties may wish to have the university share documentation and relevant evidence related to the allegations with their Advisors. Parties may share their own information directly with their Advisor if they wish. The university also provides a consent form that authorizes the university to share relevant information directly with their Advisor. The parties must either complete and submit this form to the Title IX Coordinator/Equal Opportunity Officer or provide similar documentation demonstrating consent to a release of information to the Advisor before the university is able to share records with an Advisor.

Advisors are expected to maintain the privacy and confidentiality 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 university. The university may seek to restrict the role of any Advisor who does not respect the sensitive and confidential nature of the process or who fails to abide by the university’s privacy expectations.

All communication will be between the appropriate university administrator and the parties. Parties may request their Advisor to be copied on correspondence, however, it will be the party’s responsibility to communicate with university administrators directly.

D. Violations of University Policy by an Advisor

Any Advisor who oversteps their role as defined by this policy will first be warned and reminded of the scope of their role and their responsibilities. If the Advisor continues to disrupt the process, violate confidentiality, or otherwise fail to respect the limits of the Advisor role, the university may refuse to include the Advisor in any meeting and may require the party to use a different Advisor.

IV. AGREEMENT-BASED RESOLUTION

Agreement-based Resolution is an alternative to a Formal Resolution where the parties each voluntarily agree to resolve the Complaint in a way that does not require an Investigation and may or may not include acknowledgement by the Respondent that the Policy was violated. Agreement-based Resolution is a voluntary, structured interaction between or among affected parties that balances support and accountability. If the university offers Agreement-based Resolution to the parties, and they voluntarily consent to engage in that process, the Title IX Coordinator/Equal Opportunity Officer must still take other prompt and effective steps as needed to ensure that any prohibited conduct does not continue or recur within the university's education program and activities or workplace environment.

The Title IX Coordinator/Equal Opportunity Officer must approve of the use of the Agreement-based Resolution process and approve the final agreement between the parties. Agreement-based Resolution may be initiated at any time prior to the Notice of Outcome.

The Title IX Coordinator/Equal Opportunity Officer has the discretion to determine whether Agreement- based Resolution is an appropriate way to address the reported conduct and will consider the following before proceeding:

  • The parties’ amenability;
  • Likelihood of potential resolution, considering any power dynamics between the parties;
  • The nature and severity of the alleged misconduct;
  • The parties’ motivation to participate;
  • Civility of the parties;
  • Results of a violence risk assessment/ongoing risk analysis;
  • Respondent’s disciplinary history;
  • Whether Emergency Action, Administrative Leave, or other interim action is needed;
  • Complaint complexity;
  • Emotional investment/capability of the parties;
  • Rationality of the parties;
  • Any power differentials between the parties; and
  • Goals of the parties.

A. Initiating the Agreement-based Resolution Process

Prior to the initiation of Agreement-based Resolution, the Title IX Coordinator/Equal Opportunity

Officer will provide the parties with a Notice of Investigation and Allegations (NOIA).

B. Facilitating an Agreement

Following the distribution of the NOIA, if the parties are willing to explore Agreement-based

Resolution, the Title IX Coordinator/Equal Opportunity Officer, or a facilitator assigned by the Title

IX Coordinator/Equal Opportunity Officer, will then meet separately with each participating party to discuss the Agreement-based Resolution process and attempt to facilitate an agreement. If an agreement cannot be reached, either because the parties do not agree, determine they no longer wish to participate in the Agreement-based Resolution process, or the Title IX Coordinator/Equal Opportunity Officer does not believe that the terms of the agreement or continuing the Agreement- based Resolution process is appropriate, the Title IX Coordinator/Equal Opportunity Officer may decide that the reported conduct will instead be addressed through the Formal Resolution process. The Title IX Coordinator/Equal Opportunity Officer will inform the parties of such a decision in writing.

Agreement-based Resolution processes are managed by the Title IX Coordinator/Equal Opportunity Officer or other facilitators who do not have a conflict of interest or bias in favor of or against Complainants or Respondents generally or regarding the specific parties in the matter. Investigator(s) assigned to the Formal Resolution process may not facilitate an Agreement-based Resolution in that same matter.

Any party may craft or create the terms of their agreement and each participating party will be asked for their suggestions or ideas. Examples of terms in Agreement-based Resolutions may include but are not limited to:

  1. The Respondent will change classes or housing assignments;
  2. The parties will not communicate or otherwise engage with one another;
  3. The Respondent will issue an apology to the Complainant;
  4. The Complainant or Respondent may adjust their work location or work hours, as approved by the relevant supervisors;
  5. The Respondent will complete a training or educational project;
  6. The Respondent will complete a community service project;
  7. Engagement in a restorative justice process or facilitated dialogue;
  8. Whether the Respondent accepts responsibility for violating the Policy which will be reflected on their student/employment record and/or;
  9. Other outcomes or sanctions agreed upon by all parties.

Should the Agreement-based Resolution be ended for any reason, information shared by any party during Agreement-based Resolution discussions will not be used in the Formal Resolution Process of the same Complaint under the Policy Prohibiting Discrimination, Harassment, and Sexual Misconduct. No evidence concerning the allegations obtained within the Agreement-based Resolution process may be disseminated to any outside person, provided that any party to the Agreement-based Resolution process may generally discuss the allegations under Investigation with a parent, Advisor, or other source of emotional support, or with an advocacy organization. An admission of responsibility made during an Agreement-based Resolution process, however, may not be incorporated into the Formal Resolution Process.

C. Finalizing the Agreement-based Resolution

Once the final terms of the Agreement-based Resolution have been agreed upon by all parties, in writing, supported by any other relevant university officials as appropriate, and approved by the Title IX Coordinator/Equal Opportunity Officer, the Complaint will be considered closed, and no further action will be taken under this Policy. Once signed, no appeal is permitted.

The Agreement-based Resolution process is generally expected to be completed within thirty (30) days and may be extended by the Title IX Coordinator/Equal Opportunity Officer as appropriate. All parties will be notified, in writing, of any extension and the reason for the extension.

The Title IX Coordinator/Equal Opportunity Officer will share records of an Agreement-based Resolution process with other offices as appropriate.

Any violations of the terms of the Resolution Agreement may result in sanctions. See Section VIII, below.

V. INVESTIGATION AND FORMAL RESOLUTION

The Investigation and Formal Resolution process involves assigning one or more investigators who will conduct a thorough and fair Investigation, reach findings and conclusions, and make determinations about responsibility. If a Respondent accepts responsibility for all or part of the prohibited conduct alleged before the Investigation is complete, the Title IX Coordinator/Equal Opportunity Officer will notify the designated Sanctioning Officer who will issue an appropriate sanction as to those violation(s). The Title IX Coordinator/Equal Opportunity Officer will continue processing remaining allegations of prohibited conduct, if any.

A. Assignment of the Investigator(s)

The Title IX Coordinator/Equal Opportunity Officer will assign one or more Investigators to conduct an adequate, reliable, and impartial Investigation and determination, as applicable, in a reasonably prompt timeframe. The university reserves the right to utilize internal (including the Title IX Coordinator/Equal Opportunity Officer) or external Investigators or a combination. Assignments will be based on Complaint complexity, availability of trained Investigators, number of parties/witnesses, status of the Complainant(s)/Respondent(s), and sensitivity of the allegations and evidence.

All parties are encouraged to fully participate in the Investigation. The parties each have the same rights during the Investigation and Resolution Process, including the right to an Advisor, to submit relevant witness names and evidence, and to review the evidence gathered prior to the Investigator(s) issuing their determination.

The Investigator(s) will establish deadlines for submission of names of relevant witnesses and submission of evidence and communicate those deadlines to the parties in writing.

B. Timeline

The university strives to complete the Investigation process within ninety (90) days from the date of the Notice of Investigation and Allegations (NOIA).

The timeline for any part of the Investigation and Resolution Process may be extended for good cause by the Title IX Coordinator/Equal Opportunity Officer. All parties shall be notified, in writing, of any extension to the timeline that is granted, the reason for the extension, and the new anticipated date of conclusion of the process. Good cause reasons for extension may include requests from law enforcement to temporarily delay the Investigation, the need for language assistance, and availability of witnesses and other participants.

The university shall not unreasonably deny a party’s request for an extension of a deadline such as to accommodate summer schedules or other institutional deadlines.

The Investigator(s) and/or Title IX Coordinator/Equal Opportunity Officer shall provide the parties with periodic status updates, in writing.

C. Burden of Evidence

The university has the burden of conducting an Investigation that reasonably attempts to gather sufficient evidence to determine whether prohibited conduct occurred. This burden does not rest with any party, and any party may decide to limit their participation in part or all of the process, or to decline to participate. This does not shift the burden of proof away from the university and does not indicate responsibility.

D. Standard of Proof

The standard of proof used in any Investigation is the preponderance of the evidence standard, which means that the reported conduct is more likely than not to have occurred.

E. Interviews

Interviews may be conducted in-person or remotely (e.g., Zoom) at the discretion of the Investigator(s). The university will take appropriate steps to reasonably ensure the security/privacy of remote interviews. No unauthorized audio or video recording of any kind is permitted during Investigation meetings. If the Investigator(s) elects to audio and/or video record interviews, all involved parties must be made aware of and consent to audio and/or video recording. Interviewees may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

The university will share expectations of decorum to be observed and has the discretion to remove, with or without prior warning an involved party, witness, or Advisor who does not comply with these expectations and any other applicable university rules. Only the Investigator(s) and the interviewee (along with their Advisor if applicable) may attend each individual interview. Additional attendees may be permitted at the discretion of the Title IX Coordinator/Equal Opportunity Officer in connection with an approved disability-related accommodation. All persons present are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of the process and may be subject to discipline for failure to do so.

When a party meets with an Investigator, the party is given the opportunity to speak to the allegations and related events. Parties may identify fact witnesses and provide evidence that is relevant to the allegations and not otherwise impermissible. This will include inculpatory evidence (that tends to show it more likely that someone committed a violation) and exculpatory evidence (that tends to show it less likely that someone committed a violation). The Investigator(s) will determine, in their sole discretion, whether parties and witnesses are likely to provide relevant information about the allegations and have the sole discretion to determine which parties and witnesses to call for an interview. The Investigator(s) may conduct follow-up interviews as they deem appropriate.

At the initial interview with each party, the Investigator(s) will invite them to provide any questions they wish the Investigator(s) to ask the other party(ies) and witnesses. Questions may explore credibility, but must be relevant and cannot be impermissible as explained in subsection G., below. Upon receiving the question list, the Investigator(s) will determine whether a proposed question is relevant and not otherwise impermissible and will explain, in writing, any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The Investigator(s) must give a party an opportunity to clarify or revise any question that the Investigator(s) has determined is unclear or

harassing and, if the Investigator(s) agree that the party has sufficiently clarified or revised a question and that it is relevant, the question will be asked.

After an interview, parties and witnesses will be asked to verify a written summary of their interview. They may submit changes, edits, or clarifications within a specified time period determined by the Investigator(s).

F. Recording of Interviews Required in Certain Circumstances Related to Sex-based Harassment

For cases alleging sex-based harassment involving a student as either Complainant or Respondent, a transcript and/or recording (“recording”) of any interviews will be made available to the parties. The recording will only be made available at an in-person and monitored meeting on campus unless the Title IX Coordinator/Equal Opportunity Officer approves an exception, and will not otherwise be transmitted for review, so as to maintain the privacy of those participating in the process. This information will be provided with reasonable time for the party to propose follow-up questions.

G. Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible. This means this information will not be accessed or considered, except by the university to determine whether one of the exceptions listed below applies. This information will not be disclosed or otherwise used, regardless of relevance:

  • Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
  • Evidence provided to a Confidential or Privileged Resource, unless the person who made the disclosure or otherwise provided evidence to that employee has voluntarily consented to re- disclosure;
  • A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the university obtains that party’s or witness’s voluntary, written consent for use in its Investigation and Resolution Process; and
  • In cases of alleged sex-based harassment, evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct, or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to alleged sex-based harassment. The fact of prior consensual sexual conduct between the parties does not by itself demonstrate or imply the Complainant’s consent to other sexual activity or preclude a determination that prohibited conduct occurred.

H. Evidence Review

At the conclusion of all fact-gathering, the Investigator(s) will provide each party and their Advisor the opportunity to review all relevant and not otherwise impermissible evidence gathered. In the event that an audio or audiovisual recording is shared, the recording will only be made available at an in-person and monitored meeting on campus unless the Title IX Coordinator/Equal Opportunity Officer approves an exception, and will not otherwise be transmitted for review, so as to maintain the privacy of those participating in the process.

The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the Investigation, to submit any additional relevant evidence, and the names of any additional witnesses with relevant information. This is the final opportunity to offer evidence or names of witnesses. Evidence not provided during the Investigation will not be considered by the Investigator(s) in reaching their findings, conclusions, and determinations. Given the sensitive nature of the information provided, the university will facilitate this review in a secure manner. Neither the parties nor their Advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any Advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.

The parties will have a minimum of five (5) days to inspect and review the evidence and submit a written response in writing to the Investigator(s). The Title IX Coordinator/Equal Opportunity Officer shall have the discretion to extend the evidence review period based on the volume and nature of the evidence.

Following the parties’ evidence review, the Investigator(s) shall then conduct any additional fact- gathering as they deem appropriate and necessary. If new, relevant evidence was submitted as part of evidence review, or is gathered during this second fact-gathering period, the new relevant evidence will be made available for review by the parties and their Advisors. The parties shall have five (5) days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the Investigator(s) shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.

The Investigator(s) will consider the parties’ written responses before finalizing the Investigation and report.

I. Investigation Report; Findings and Fact and Determinations

The Investigator(s) shall evaluate the relevant and not impermissible evidence to make findings of fact and determinations regarding each allegation.

The Investigator(s) may choose to place less or no weight upon statements by a party or witness who refused to respond to questions deemed relevant and not otherwise impermissible, or who was not available, despite reasonable diligence, for a follow-up interview. The Investigator(s) will not draw an inference based solely on a party’s or witness’s refusal to respond to questions.

The Investigator(s) will submit a report to the Title IX Coordinator/Equal Opportunity Officer which contains the following:

  • A description of the allegations;
  • A reference to the policies and procedures used to evaluate the allegations;
  • Description of all procedural steps taken to date;
  • Their evaluation of the relevant evidence along with the finding of facts;
  • Determinations for each allegation, with the rationale.

A. Sanctioning

If there is a determination that a violation of the Policy Prohibiting Discrimination, Harassment, or Sexual Misconduct has occurred, the Title IX Coordinator/Equal Opportunity Officer shall then provide the report to the appropriate Sanctioning Officer to determine the sanction.

  • Sanctioning Officer or Designee for Student Respondents: Director of Student Accountability & Restorative Practices
  • Sanctioning Officer or Designee for Staff Respondents: Human Resources and Respondent's Supervisor or Division Head
  • Sanctioning Officer or Designee for Faculty Respondents: Human Resources and Provost

The Sanctioning Officer will review and consider the following materials and information prior to determining appropriate sanction(s):

  • The final written report;
  • Any recordings or transcripts, as needed;
  • The nature, severity of, and circumstances surrounding the violation(s);
  • Respondent’s disciplinary history;
  • Previous allegations or allegations involving similar conduct;
  • The need for actions to bring an end to the behavior;
  • The need for sanctions to prevent future recurrence;
  • The need to remedy the effects on Complainant and the community;
  • The impact on the parties, including any submitted impact statements; and
  • Any other information deemed relevant by the Sanctioning Officer.

B. Notice of Outcome

The Title IX Coordinator/Equal Opportunity Officer shall then provide the parties and their Advisor with a written Notice of Outcome and a copy of the final report. The Notice of Outcome shall include, as appropriate:

  1. Any non-disciplinary remedies or outcomes as determined by the Title IX Coordinator/Equal Opportunity Officer;
  2. Any disciplinary sanctions for the Respondent as determined by the Sanctioning Officer;
  3. Procedures for appeal.

Notices of Outcome will be sent to all parties, but separate letters or redactions may be necessary to comply with privacy laws and/or requests for confidentiality.

The sanctions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested. A Respondent found responsible for a violation of the Policy Prohibiting Discrimination, Harassment, and Sexual Misconduct will be subject to sanction(s) regardless of whether legal proceedings involving the same incident are underway or anticipated.

VI. APPEALS

Determinations may be appealed in writing by either party. Appeals must be in writing and filed within seven (7) days following the issuance of the Notice of Outcome. Appeals must be sent to the Title IX Coordinator/Equal Opportunity Officer, who will assign an Appeals Officer.

When an appeal is filed, the non-appealing party shall be notified and provided with a copy of the filed appeal within one (1) day and have five (5) days to respond to the appeal in writing. Any party’s decision not to submit a reply to an appeal is not evidence that the non-appealing party agreed with the appeal.

Within three (3) days of an Appeal Officer being assigned, either party may provide written objection to the Appeal Officer on the basis of an actual bias or conflict of interest. Any objection is to be sent to the Title IX Coordinator/Equal Opportunity Officer. Should the Title IX Coordinator/Equal Opportunity Officer determine that there is an actual bias or conflict of interest, the Title IX Coordinator/Equal Opportunity Officer will appoint another Appeal Officer.

A. Grounds for Appeal

Appeals may be filed only on the following three grounds:

  1. Procedural Error: A procedural error occurred would change the outcome. A description of the error and its impact on the outcome of the case must be included in the written appeal; or
  2. New Evidence: New evidence or information has arisen that was not available or known to the party during the Investigation, that would change the outcome. Information that was known to the party during the Resolution Process but which they chose not to present is not considered new information. The new evidence, an explanation as to why the evidence was not previously available or known, and an explanation of its potential impact on the Investigation findings must be included in the written appeal; or
  3. Actual Conflict of Interest or Demonstrated Bias: The Title IX Coordinator/Equal Opportunity Officer, Investigators, or others with a role in the process had an actual conflict of interest or demonstrated bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that would change the outcome and that was unknown at the time original objections could have been raised. Any evidence supporting the alleged conflict of interest or demonstrated bias must be included in the written appeal.

The Appeal Officer will make a determination regarding the appeal and communicate that decision, along with a rationale for the decision to the Title IX Coordinator/Equal Opportunity Officer who will communicate the Appeal Officer’s decision to the parties. The decision of the Appeals Officer is final.

VII. TRAINING

All persons who are responsible for participating in this Procedure receive training related to their duties promptly upon hiring or change of position that alters their duties under the Policy, and annually thereafter. Training materials are available to view upon request.

VIII. PROHIBITION ON FALSE STATEMENTS AND FALSE INFORMATION

The university prohibits knowingly making false statements, including knowingly submitting false information as part of the Investigation and Resolution Process. False reports or counterclaims made with retaliatory intent will not be permitted. When reports or counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of the Policy.

IX. FAILURE TO COMPLY

All parties are expected to comply with the terms of an Agreement-based Resolution or any assigned sanctions or remedies following the Investigation and Formal Resolution process. Failure to abide, whether by refusal, neglect, or any other reason, may result in additional sanctions including suspension, expulsion, and/or termination from the university and may be noted on a student’s official transcript or a faculty/staff member’s personnel file.

X. PROHIBITION AGAINST RETALIATION

Retaliation, as defined in the Policy Prohibiting Discrimination, Harassment, and Sexual Misconduct, is prohibited.

XI. ADDITIONAL INFORMATION REGARDING FEDERAL STATISTICAL REPORTING OF CERTAIN CRIMES AND OTHER POLICY VIOLATIONS

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

  1. All “primary crimes,” which include criminal homicide, sexual assault, 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. Violence Against Women Act (VAWA-based crimes), which include sexual assault, domestic violence, dating violence, and stalking; and
  4. Arrests and referrals for disciplinary action for weapons law violations, liquor law violations, and drug law violations.

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

Campus Security Authorities include student affairs/student conduct staff, campus law enforcement/public safety/security, local police, 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.

XII. REASONABLE ACCOMMODATIONS FOR INDIVIDUALS WITH DISABILITIES

The university is committed to providing reasonable accommodations and support to qualified students, faculty, staff, or others with disabilities to ensure equal access to the university’s Procedure.

Anyone needing such accommodations or support should contact the Title IX Coordinator/Equal Opportunity Officer who will work with the ADA/504 Coordinator and/or Human Resources to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are reasonable, appropriate, and necessary for full participation in the process.

XIII. RECORDKEEPING

In implementing the Policy Prohibiting Discrimination, Harassment, and Sexual Misconduct, records of all reports and resolutions will be kept by the Title IX Coordinator/Equal Opportunity Officer in accordance with the applicable university records retention schedule, in accordance with state and federal laws. All records will be afforded the confidentiality protections required by law, including but not limited to the Family Educational Rights and Privacy Act governing confidentiality of student information. This means that the university will protect the party’s privacy consistent with the Policy Prohibiting Discrimination, Harassment, and Sexual Misconduct or other protections but may disclose information to those who have a legitimate need to know.

XIV. REVISIONS TO THIS PROCEDURE

The Title IX Coordinator/Equal Opportunity Officer will regularly review and update this Procedure. The university reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.

The Title IX Coordinator/Equal Opportunity Officer may make minor modifications or technical changes to this Procedure that do not materially jeopardize the fairness owed to any party. The Title IX Coordinator/Equal Opportunity Officer may also implement new procedures with notice (on the university's website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations.

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

These procedures do not create legally enforceable protections beyond the protections of local ordinances, laws of the State of Washington, and federal laws which govern the university’s obligations.

XV. EFFECTIVE DATE

This Procedure is effective August 1, 2024.

This Procedure succeeds any previous procedures addressing discrimination, harassment, and retaliation and applies to reported conduct occurring on or after August 1, 2024.

XVI. Revision History

Adoption: August 1, 2024
Revised: October 11, 2024

XVII. RELATED RESOURCES

 

Footnotes

[1] Anywhere this procedure indicates “Title IX Coordinator/Equal Opportunity Officer,” the university may substitute a trained designee.

[2] Under the Clery Act, the university must issue Timely Warnings/Emergency Notifications for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the university community. The university will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

[3] RCW 28B.112. The state law does not include students with temporary student employment unless they are a graduate student with supervisory authority over students.

[4] “Eligible” means the Advisor cannot have conflicting roles, such as being a supervisor who must monitor and implement sanctions. “Available” means the Advisor is willing to serve and has time during the expected Investigation and resolution timeframe to appropriately participate. A party cannot insist on an Advisor who is not eligible or available. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Investigator.

Appendix A

Agreement-based Resolution Process: Resolution alternative where the parties each voluntarily agree to resolve the Complaint in a way that does not require an Investigation.

Complaint: An oral or written request to the Recipient that can objectively be understood as a request for the Recipient to investigate and make a determination about the alleged Policy violation(s).

Complainant: Any individual who is alleged to be the victim of conduct prohibited by this Policy.

Day: A business day when the university is in normal operation.

Investigation: Process of conducting interviews, collecting evidence, and determining if a violation of university policy has occurred.

Investigator: The individual or group of individuals who conducts interviews, collects evidence and determines if a violation of university policy has occurred.

Education Programs and Activities: includes all campus operations, including off-campus settings that are operated or overseen by the university: including, for example, field trips, online classes, and athletic programs; conduct subject to the university’s disciplinary authority that occurs off-campus; conduct that takes place via the university-sponsored electronic devices, computer and internet networks and digital platforms operated by, or used in the operations of, the university. Conduct that occurs outside of the education program or activity may contribute to a hostile environment within the program or activity.

Employee: A person employed by Recipient either full- or part-time, including student employees when acting within the scope of their employment.

No-Contact Order: a document issued by the Title IX Coordinator/Equal Opportunity Officer (or designee) that is designed to limit or prohibit contact or communications between the parties. A No- Contact Directive may be mutual or unilateral.

Notice: An employee, student, or third-party informs the Title IX Coordinator/Equal Opportunity or designee of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.

Remedy/Remedies: Actions taken after resolution that are directed to the Complainant and/or the community and designed to address safety, prevent recurrence, and restore access to the university’s educational programs and activities or workplaces.

Respondent: Any individual who is reported to be the perpetrator of conduct prohibited by this Policy, including sexual harassment or sex-based discrimination.

Resolution Process: The investigation and resolution of allegations of prohibited conduct under this Policy, including Agreement-based Resolution.

Sanction: A consequence imposed on a Respondent who is found to have violated this Policy.

Student: includes all persons registered for a course or courses at the university, either full-time or part- time, pursuing undergraduate or graduate studies and/or taking classes in an auditing or non- matriculant capacity. A person pursuing studies at Puget Sound is considered a student until such time that all necessary coursework has been completed, final grades have posted, and, for degree-seeking students, the degree has been conferred. Additionally, the following are considered students:

  • persons who have accepted offers of admission (i.e., submitted deposits), but have not yet registered for classes;
  • persons residing on campus prior to attending classes or while completing a withdrawal or departure process;
  • persons who are not officially enrolled for a particular term (i.e., on a leave of absence, studying abroad, on suspension, etc.), but who have a continuing relationship with the college; and

University Community Member(s): For purposes of this policy, these are university students, student organizations, faculty, and staff members.