Sexual Misconduct Complaint Procedure

for

The College of Saint Benedict and Saint John's University

 

TABLE OF CONTENTS
Introduction
Introduction

It is the policy of the College of Saint Benedict (CSB) and Saint John's University (SJU) to investigate and promptly seek the equitable resolution of allegations of sexual misconduct in violation of the Sexual Misconduct Policy.

The Sexual Misconduct Complaint Procedures shall be the exclusive process for handling sexual assault and other sexual misconduct complaints and supersedes all other processes. If a complaint implicates the Sexual Misconduct Policy and another CSB and/or SJU policy, the complaint of a violation of the Sexual Misconduct Policy will be handled under the Sexual Misconduct Complaint Procedures and the institutions may, at their discretion and unless an applicable handbook provision states otherwise, consider the other alleged policy violations under the Sexual Misconduct Complaint Procedures or conduct separate proceedings.

I. Responsibility

At CSB and SJU, the Chief of Staff/Executive Assistant to the President of each institution serves as the Lead Title IX Coordinator. The Lead Title IX Coordinator(s) shall exercise oversight for issues related to sexual misconduct and sexual discrimination, the Sexual Misconduct Policy and Sexual Misconduct Complaint Procedures, and maintain institutional records of reports. The Deputy Title IX Coordinator(s) or others designated by the Lead Title IX Coordinators are responsible for the implementation of the Sexual Misconduct Complaint Procedures and case management.

- The Dean(s) of Students, who serve(s) as Deputy Title IX Coordinators for sexual misconduct complaints involving students, are responsible for the implementation of the Sexual Misconduct Complaint Procedures in cases involving a student.
- The Associate HR Director, who serves as a Deputy Title IX Coordinator for sexual misconduct complaints involving faculty and staff, is responsible for implementation of the Sexual Misconduct Complaint Procedures in cases involving a faculty or staff member.
- If a complaint involves both a student and a faculty or staff member, the Dean(s) of Students and Associate HR Director shall share responsibility for implementing the Sexual Misconduct Complaint Procedures.
- If a complaint involves an associate or third party, the Dean(s) of Students and Associate HR Director will determine who should be responsible for implementing the Sexual Misconduct Complaint Procedures.
- The Vice President(s) for Student Development, who serve as Deputy Title IX Coordinators, normally receive appeals from determinations involving student respondents.
- The Lead Title IX Coordinators are responsible for implementation of the Sexual Misconduct Complaint Procedures regarding student appeals and for review of appeals in faculty/staff cases.


In all cases, the Title IX Coordinator(s) will function as (a) neutral party (parties) in implementing the Sexual Misconduct Complaint Procedures.

II. Policy Statement

CSB and SJU are committed to maintaining an environment that is free from the physical and emotional threat of sexual misconduct, including sexual harassment, sexual assault, and other forms of sexual violence. CSB and SJU have zero tolerance for sexual misconduct in any form. In institutions such as ours, which espouse Catholic and Benedictine values, every community member's awareness of and respect for the rights and human dignity of all persons undergirds community life. These values demand that we strive to create an environment where the sacredness of each person is honored. Sexually assaultive conduct, sexual harassment and other sexual misconduct violate the sacredness of the person, weaken the health of the community, and are antithetical to the mission of our institutions.

Sexual harassment, sexual assault, and other forms of sexual misconduct are forms of sex discrimination. Not only are they prohibited by the Sexual Misconduct Policy and the Policy on Human Rights, but they are also prohibited by various laws, including Title IX of the Educational Amendments of 1972 and the Minnesota Human Rights Act. CSB and SJU will investigate and promptly seek the equitable resolution of allegations of sexual misconduct, take steps to prevent the recurrence of sexual misconduct, and seek to correct its effects on complainants and others. CSB and SJU will strive to resolve all complaints within 60 calendar days. See the Sexual Misconduct Policy for more information.

III. Definitions

1. Policy refers to the Sexual Misconduct Policy for the College of Saint Benedict and Saint John’s University.
2. Procedures refer to the Sexual Misconduct Complaint Procedures for the College of Saint Benedict and Saint John’s University.
3. Complainant refers to the person or entity who initiates a complaint under these Procedures. In most cases, the complainant will be the person who alleges that he or she has been subject to sexual misconduct, but in some cases the complainant may be CSB or SJU. In addition, the term “complainant” may also be used to refer generally to persons alleged to have been subject to conduct that violates the Policy, whether or not he or she initiates a complaint.
4. Respondent refers to the person alleged to have violated the Policy.
5. Community and institutions refer to CSB and SJU and in the case of community, all of their students, faculty and staff, and associates.
6. Campus refers to the grounds of CSB and SJU.
7. Student refers to any person enrolled in CSB or SJU, undergraduate or graduate.
8. Faculty refers to a person employed by CSB or SJU in a faculty appointment.
9. Staff refers to a person employed by CSB or SJU in an administrative or support staff appointment.
10. Associate refers to any individual or organization engaging in or conducting activities associated with CSB and/or SJU or doing business at or with CSB and/or SJU, including members of Saint John's Abbey or Saint Benedict's Monastery.
11. Third Party refers to an individual or entity who is not a member of the campus community but whose activities bring them into contact with members of the campus community, including, but not limited to, visitors to campus, alums, and prospective students and prospective employees.
12. Report refers to the providing of any information to the institution(s) regarding conduct that may violate the Policy.
13. Complaint refers to an alleged Policy violation that initiates a complaint proceeding as set forth in these Procedures.
14. Complaint proceeding refers to the process used to investigate and adjudicate complaints made under these Procedures, from initiation of complaint through determination and appeal, if any.
15. Investigator refers to the individual selected by the institution(s) to investigate complaints of violation of the Policy made pursuant these Procedures.
16. Adjudication panel refers to the three-person panel appointed by the institution(s) to determine whether the Policy was violated by a student.
17. Adjudicator(s) refers to the individual selected by the institution(s) to determine whether the Policy was violated by a faculty or staff member.
18. Title IX Coordinators are officials from CSB and SJU who have been appointed by their respective institutions to address issues of gender-based discrimination and/or sexual misconduct. The Title IX Coordinators for each institution who have responsibility for sexual misconduct complaints are listed in the contact information at the end of the Sexual Misconduct Policy and at the end of these Procedures. See Part I – Responsibility.
19. Suspension is a sanction that may be used for students, faculty, or staff. Suspension (or administrative leave for a faculty or staff member) is also an interim measure that may be taken while an investigation is being conducted.
     - For students, the term suspension means the temporary separation of a student from the institution. When a complaint proceeding results in a sanction of suspension for a student, the respondent’s institution reserves the right to remove the student immediately or defer suspension until an appeal decision, if applicable.
     - For a faculty or staff member, a suspension generally refers to a temporary suspension of work duties and will be implemented with accordance with Faculty/Staff Handbooks. Students, faculty, and staff suspended or placed on leave from the institution(s) generally may not be present on the premises of the College of Saint Benedict or Saint John's University for the period of the suspension or leave and may be subject to other conditions as well.
20. Expulsion means the permanent separation of the student from the institution. Students expelled from the institution may not be present on the premises of the College of Saint Benedict or Saint John's University. When a complaint proceeding results in a sanction of expulsion, the expulsion will be effective on the date set forth in the written notice of outcome letter.

IV. Institutional Response

CSB and SJU have a legal obligation to take prompt and appropriate action in response to information regarding an alleged violation of the Sexual Misconduct Policy. The institutions will conduct an investigation of reports alleging sexual misconduct. Making a report to a Title IX Coordinator, the CSB Department of Security or SJU Life Safety Services does not require a reporting party to initiate or participate in a complaint proceeding. However, based on information gathered, one or both institutions may determine that the institution(s) have a responsibility to initiate a complaint proceeding (even without the participation of the reporting party). See Sexual Misconduct Policy, Section IV.A.6 – Response of CSB/SJU to Reports. 

When a complaint involves parties from only one of the institutions, the procedures outlined herein will be addressed by the institution where the parties are students, staff and/or faculty. While the other institution will not be directly involved in responding to the complaint in such matters, in keeping with both institutions’ goals under the Policy, the institution addressing the complaint will apprise the other institution of the existence and outcome of all such complaints, while respecting privacy of the parties.

V. General Provisions

1. Right to an Advisor. The complainant(s) and respondent(s) involved in a complaint proceeding under Section VI.A (Complaint Procedure for Complaints in which the Respondent is a Student) and Section VI.B.1 (Complaint Procedure for Complaints in which the Respondent is a Faculty or Staff Member, for Complaints of Sexual Assault, Dating Violence, Domestic Violence, and Stalking) below each have the right to an advisor of their own choosing. The role of the advisor is to support, guide, or advise the complainant or respondent during the course of the complaint proceeding. The advisor generally may accompany the complainant or respondent to meetings relating to the complaint proceeding. Any access provided to the advisor to records relating to the proceedings shall be subject to the same limitations as those placed upon the parties, and may be conditioned upon the advisor’s agreement to maintain the confidentiality of any student education records or other confidential information. The advisor may not appear in lieu of the complainant or respondent or speak on his or her behalf in either in-person or written communications to CSB or SJU. The advisor may take written notes, but may not record any meetings. The advisor may not address the investigator, adjudication panel, adjudicator(s), witnesses (other than his or her own advisee), or appeal official, and may not interrupt or otherwise delay the complaint proceeding. Failure to comply with these requirements, violations of confidentiality, or other forms of interference with the complaint proceeding by the advisor may result in the immediate disqualification of an advisor and the institution(s) reserve the right to dismiss the advisor. The institution(s) shall give notice to the complainant(s) and respondent(s) of the identity of an advisor selected by the other party. The institution(s) have no authority with respect to the selection of an advisor or the relationship between the complainant/respondent and his or her advisor. However, the institution(s) may, if asked, comment on potential conflicts of interest. The institution(s) provide no training to and receive no information or report from advisors, whether from within or outside the CSB or SJU communities.

2. Timing. CSB and SJU are committed to the prompt and equitable resolution of sexual misconduct complaints and strive to meet the timing requirements set forth in these Procedures. However, in some cases, temporary extensions to the timing requirements may be necessary. The Deputy Title IX Coordinator(s) may grant reasonable extensions to timing requirements in these Procedures when warranted by the circumstances. For example, extensions of timing requirements may be granted if the institution(s) have been asked to delay its Procedures during the evidence gathering stage of a criminal investigation, if the allegations of sexual misconduct are particularly complex (including, without limitation, allegations that involve multiple incidents and/or multiple individuals), or if witnesses are not on campus due to a scheduled break or for another reason. Extensions will be no longer than necessary. The complainant and respondent shall receive written notice of any extensions and the reason for the extension. 

Where the Procedures indicate that an action will be completed within a specified period of days, "day" generally means business days for CSB and SJU staff. Adjustments to the time frames will be made when school breaks, holidays, or exigent circumstances require. As a general rule, CSB and SJU strive to complete their investigation and related procedure within 60 (sixty) calendar days or less, recognizing that certain complaints may take longer to process depending on the circumstances.

Complainants are encouraged to begin the complaint proceeding as soon as possible following an alleged incident. If a complaint is brought forward more than two (2) calendar years after an alleged incident, the institution(s), in their discretion, may decline to process a complaint under these Procedures, but reserve the right to take other administrative action as appropriate depending on the specific circumstances of the complaint.

3. Confidentiality. CSB and SJU strive to protect the confidentiality interests of all individuals involved in the sexual misconduct reporting and complaint proceeding. However, because of the need to investigate and respond to reports of sexual misconduct, the institutions cannot guarantee strict confidentiality in most cases. Please refer to the Policy for more information about confidentiality, including confidential resources available to individuals. In addition, individuals with concerns about confidentiality may speak with a Title IX Coordinator about the complaint process.

4. Interference with Procedure. Interference with these Procedures is strictly prohibited. Interference includes, but is not limited to the following:

     a. Knowing falsification, distortion or misrepresentation of information provided to an investigator, adjudication panel, adjudicator(s), or appeal official;
     b. Knowingly instituting a complaint without cause and in bad faith;
     c. Harassment and/or intimidation of any investigator or member of an adjudication panel, or of any complainant, respondent, witness, student, or employee involved in a complaint proceeding before, during, or after a proceeding. See Sexual Misconduct Policy, Section VII – Retaliation;
     d. Breaching the confidentiality requirements.

     Students who interfere with these Procedures will be subject to disciplinary sanctions. Staff and faculty members who interfere with these Procedures will be subject to discipline, up to and including termination in accordance with the applicable handbook. Associates or other third parties who interfere with these Procedures will be subject to removal from campus, prohibition from returning to campus, and/or other appropriate measures as determined by CSB and/or SJU.

5. Interim Restrictions or Suspension

     a. For Students. At any time following the initiation of a complaint proceeding or at any other time throughout the process, the Dean(s) of Students of the institution of the complainant or respondent may impose various conditions or restrictions on a complainant or respondent pending resolution of the complaint proceeding. The Dean(s) of Students may also alter or suspend the rights of a student to be present on campus, to attend classes, or to participate in extracurricular activities or events pending resolution of the complaint proceeding. The Dean(s) of Students will base his/her decision on whether the allegations of misconduct are apparently reliable and whether the continued unrestricted status of the student on the campus poses a threat to the physical or emotional condition or well-being of any individual, including the student, or for reasons relating to the safety, integrity and welfare of the community as a whole.

         The interim restrictions, behavioral requirements, and/or alteration or suspension of privileges will be communicated to the complainant and respondent in writing and will remain in effect until a final decision has been made in the complaint proceeding, or until modified or withdrawn in writing.

     b. For Faculty, Staff, Associates, and Third Parties. CSB and SJU may impose various conditions and restrictions on a complainant or respondent pending resolution of the complaint proceeding or at any other time throughout the process.

6. Treatment of Parties. CSB and SJU strive to treat all individuals involved in a complaint proceeding with dignity. Complaint proceedings will be prompt, fair, and impartial. In addition, support will be provided to students, faculty, and staff who are engaged in a complaint proceeding. Upon request, personal counseling services are available to students and the Employee Assistance Program is available to faculty and staff.

7. Non-Participation and Silence. If, at any time during the complaint proceeding, a complainant or respondent does not participate, the Deputy Title IX Coordinator(s) may move the proceeding to the next step, dismiss the complaint, or take whatever other steps may be necessary to ensure the integrity of the proceeding.

Silence in response to an allegation on the part of the student respondent will not be viewed as an admission of the allegation, but may leave the complainant's allegations undisputed.

Faculty and staff have a duty to CSB and SJU to truthfully answer complaint allegations. Silence in response to an allegation on the part of a faculty or staff member may be viewed as an admission of the allegation. Similarly, silence on the part of an Associate or third party in response to a complaint may be viewed as an admission of the allegation.

8. Conflicts. In cases where it is determined that a Deputy Title IX Coordinator has a conflict of interest given the nature of the complaint and/or the parties or witnesses involved, or in cases where a Deputy Title IX Coordinator is unavailable, the Lead Title IX Coordinator of the institution of the conflicted individual shall appoint an alternate person to serve as the Deputy Title IX Coordinator. If a Lead Title IX Coordinator has a conflict of interest with respect to a complaint, the President(s) or the President(s)' designee of the institution of the conflicted Lead Title IX Coordinator shall appoint an alternate person to serve as the Deputy or Lead Title IX Coordinator. In cases where the President of CSB or SJU is a party to the complaint or has a conflict of interest with respect to a complaint, the Chair of the Board of Trustees for the institution shall ensure that the institution puts in place appropriate safeguards under the circumstances to ensure that the institution promptly and equitably responds to the complaint, including, but not limited to appointment of alternate individuals to serve in roles of Deputy and/or Lead Title IX Coordinator.

9. Reservation of Flexibility. These Procedures reflect the desire of the institutions to respond to complaints in good faith and in a manner that promotes fairness to all parties. The institutions recognize, however, that each case is unique in its presentation and requires that the institutions reserve some flexibility in responding to the particular circumstances of each case. In the rare cases where it is not possible or practical to follow these Procedures, the institutions reserve the right to modify these Procedures or to take other administrative action as appropriate under the circumstances.

VI. Procedure

The procedure followed by CSB and SJU to resolve sexual misconduct complaints will vary depending on the status of the respondent. Procedure VI. A. will be followed in all cases in which the respondent is a student. Procedure VI.B. will be followed in all cases in which the respondent is a member of the faculty or staff. Procedure VI.C will be followed in cases where the respondent is an associate/third party.

     A. Complaint Procedure for Complaints in which the Respondent is a Student

The following constitutes the steps which make up the complaint process when the respondent is a student.

Step 1: Initiation of Complaint Proceeding

Any member of the community may initiate a complaint proceeding. The complaint proceeding may be initiated at the request of the complainant upon submitting a report to a Dean of Students, SJU Life Safety, or CSB Campus Security. Students at the SJU School of Theology·Seminary may alternately submit their report to the Rector or Dean of the School of Theology·Seminary, who will then refer the matter to the Dean(s) of Students. The report should contain sufficient detail to enable the Dean(s) of Students to make a determination as to whether the complaint falls within the Policy. When a complaint proceeding is initiated, the institution(s) may ask that any report be confirmed in a written and signed form. Reporting forms are available on the CSB and SJU Sexual Misconduct web page.

Upon receiving a report of a violation of the Policy, the institution(s) will seek the complainant's permission to proceed with a complaint proceeding using the Procedures set forth herein. In addition, circumstances may arise in which a complaint proceeding may be initiated in the name of the institution(s) (even without the complainant's participation) to protect the safety, integrity and welfare of the community as a whole. Generally, the Lead Title IX Coordinator(s), the President(s), or the President(s)' designee will make a determination of whether a complaint proceeding should be initiated in the name of the institution(s). If the institution(s) decide that it has an obligation to initiate a complaint proceeding regarding the alleged Policy violation, it will notify the complainant before proceeding.

The institution(s) will accept anonymous complaints, but the institution(s) may be limited in their ability to investigate an anonymous complaint.

Options for Resolution

When a complainant chooses to initiate a complaint proceeding, there are two avenues for resolution: formal and informal resolution. The complainant has the option to proceed informally, except in the case of a sexual assault requiring use of the formal resolution process. If the complainant proceeds informally, either the complainant or respondent has the option to move the complaint to the formal process at any time. The Dean(s) of Students of the institution(s) of the parties involved in the complaint proceeding will explain the informal and formal resolution procedures.

In addition, the Dean(s) of Students of the involved institutions has discretion to refer the matter to other institutional disciplinary procedures. This referral option will generally be used when: (1) the alleged behavior does not fall within the Policy or (2) the alleged behavior applies to another disciplinary procedure. If the Dean(s) of Students of the involved institutions determines that the report or complaint, even if substantiated, would not rise to the level of a Policy violation, he/she/they may dismiss the matter. The parties will be notified of that determination and the complainant will be informed of other procedures for resolving the complaint and of other resources that may be available to complainant.

Every attempt should be made to determine the option for resolution within five (5) business days of the submission of the complaint.

     a. Informal Procedure and Resolution

If the complainant, the respondent and the institution(s) all agree that an informal resolution should be pursued, the Dean of Students shall attempt to facilitate a resolution of the conflict that is agreeable to all parties.

The complainant or respondent always has the option to discontinue the informal process and request a formal investigation by notifying the Dean of Students in writing. The institution(s) always has/have the discretion to bypass or discontinue the informal process and initiate a formal investigation. If at any point during the informal process, the complainant, the respondent, or the institution(s) wish to cease the informal procedure and to proceed through the formal procedure, the formal procedure outlined below will be invoked.

The informal resolution must adequately address the concerns of the complainant, as well as the rights of the respondent and the overall intent of the institution(s) to stop, remedy, and prevent Policy violations. The recommended resolution may include a variety of institutional responses or requirements, including, but not limited to, the following: warning, behavioral contracts, community service hours, restitution, required attendance at educational programs, required assessment or counseling, mediation at the complainant's request, restriction of privileges, inclusion in the respondent's education record of a finding that the Policy was violated, parental notification and/or probation.

If all parties to the complaint agree in writing to the terms and conditions of the recommended resolution within five (5) business days, the case will be resolved without further process under these Procedures. If all parties to the complaint do not agree in writing to the terms and conditions of the recommended resolution within five (5) business days, the complaint will move to the formal procedure.

     b. Formal Procedure

If the complaint is not resolved through the informal procedure outlined above, the complaint shall be processed according to the formal procedure (Steps 2 through 4) outlined below.

Step 2: Investigation

The formal resolution process will include an investigation conducted by SJU Life Safety, CSB Campus Security, or, at the discretion of the institution(s), an appointed outside investigator. The investigator shall interview the complainant, respondent and/or other witnesses and may request additional information from the complainant, respondent or others. In addition, the complainant and respondent shall have an opportunity to advise the investigator of any witnesses they believe should be interviewed, and/or other evidence that they believe should be reviewed by the investigator. All interviews with the complainant, respondent, and other witnesses shall be recorded. The complainant and respondent shall receive timely notice of meetings at which the complainant or respondent or both will be present. Every attempt will be made to complete the investigation process within fifteen (15) business days of the filing of the complaint or the referral from the informal process. If a criminal complaint has been filed, CSB's and/or SJU's investigation may be temporarily delayed to allow law enforcement to gather evidence. Such delay may only occur at the request of law enforcement and shall not be any longer than necessary for law enforcement to complete the gathering of evidence. Guidance from the Department of Education directs that a school may not wait for the conclusion of a criminal investigation or proceeding to begin or complete the school's own investigation, therefore, in no case will CSB and SJU wait for the conclusion of a criminal investigation or criminal proceeding to begin its own investigation.

The investigator shall prepare a written summary of the investigation, consisting of the names of witnesses interviewed and dates and times of witness interviews. The investigator shall compile the investigation file, which shall consist of at least the complaint, the investigation written summary, transcripts and/or the recordings of interviews, and relevant documents, if any. The investigator will present the facts gathered, but is not responsible for making credibility determinations or otherwise evaluating the facts.

Step 3: Adjudication

     a. Appointment of Adjudication Panel.
Upon completion of the investigation, a three person adjudication panel comprised of individuals selected by the involved institution(s) will be appointed on a case-by-case basis. In most instances, the panel will be comprised of faculty and/or staff selected by the Dean(s) of Students of the involved institution(s). Once selected, the panel will select a chair. The Deputy and/or Lead Title IX Coordinator(s) of the involved institutions may also be present at the meetings of the adjudication panel to oversee the process and will, if necessary, answer procedural questions, but shall not have a vote. The adjudication panel shall be appointed within five (5) business days following completion of the investigation.

The complainant and the respondent shall receive written notice of the adjudication panel members appointed.

The Deputy and/or Lead Title IX Coordinator(s) of the involved institutions shall ensure that all adjudication panel members have received training on the Policy, these Procedures, issues relating to sexual misconduct, the rights of complainants and respondents, and applicable law.

     b. Process for Requesting Removal of Adjudication Panel Member.

The complainant or respondent may request the removal of a member of the adjudication panel on the grounds of personal bias or conflict of interest by submitting a typewritten statement identifying the basis for the concern to the Dean(s) of Students no later than two (2) business days after receiving the notice of the adjudication panel members. The Dean(s) of Students will determine whether to accept or deny the request. If the request is accepted, a replacement will be appointed to serve on the adjudication panel. The decision of the Dean(s) of Students with regard to the request is final and is not appealable. If the complainant or respondent believes a new member assigned to the adjudication panel should be removed because of personal bias or conflict of interest, the complainant or respondent may initiate the same process seeking removal of the newly-assigned panel member by submitting a typewritten statement no later than two (2) business days after receiving the notice of the newly-assigned adjudication panel member.

c. Review of Investigation File in Cases Involving Sexual Assault, Dating Violence, Domestic Violence, and Stalking.

For complaints involving sexual assault, dating violence, domestic violence or stalking, following the appointment of the adjudication panel, the investigation file will be made available for review by the complainant and respondent and their designated advisors by making an appointment with the Dean(s) of Students during regular business hours. Information in the investigation file that cannot be shared with the complainant or respondent may be redacted from the file in accordance with applicable law. The file cannot be copied or removed from the Dean of Students' office or other location provided for review purposes.

Following review of the investigation file, both the complainant and respondent shall have the opportunity to provide a typewritten statement containing any comments or additional information the complainant and respondent would like the Adjudication Panel to consider. The statement shall not exceed 4,500 words. The statement must be submitted within five (5) business days after the investigation file becomes available to the complainant and respondent. Submissions must be made electronically by email to the Dean(s) of Students, and must be submitted directly from the complainant or respondent, and not through an advisor or other representative. The complainant and respondent shall have an opportunity to review the statement submitted by the other party and, if desired, may submit a rebuttal written statement not to exceed 1,300 words. The rebuttal typewritten statement must be submitted within five (5) business days after being given access to the other party's initial written statement (i.e., within ten (10) business days after the investigation file becomes available to the complainant and respondent).

d. Determination.

The adjudication panel will review the investigation file and any written statements provided by the complainant and respondent. The adjudication panel may, in their discretion, request additional investigation by the investigator or another appropriate individual. In the event that the adjudication panel requests additional investigation, the complainant and respondent shall be notified. The adjudication panel will strive to ensure that the complainant and respondent have been given equivalent opportunities to present relevant information for consideration in the investigation process.

The adjudication panel will use a preponderance of the evidence standard to determine whether, based upon the information obtained from the investigation and any written statements provided by the complainant and respondent, it is more likely than not that the respondent is responsible for a Policy violation. The Deputy and/or Lead Title IX Coordinator(s) are available for consultation, but will not participate in making a decision. Only the members of the adjudication panel and the Deputy and/or Lead Title IX Coordinator(s) may be present during deliberations. A simple majority of adjudication panel members is necessary to find that the respondent is responsible for a Policy violation.

The adjudication panel will communicate the decision to the Dean(s) of Students and Lead Title IX Coordinator(s) of the institutions of the parties.

The determination of the adjudication panel may be appealed as provided below. In the event that no appeal is filed within the time periods prescribed below, the decision of the adjudication panel will be final.

     i. Determination of "Not Established Responsible"

If the adjudication panel determines, based upon the information obtained through the investigation, that there is not sufficient basis to believe that it is more likely than not that a respondent is responsible for violating the Policy, the adjudication panel will make a determination of "Not Established Responsible." This will be the decision if the panel determines that it is more likely than not that a Policy violation did not occur or it is unable to determine whether the respondent violated the Policy. The complainant and respondent will be notified of the "Not Established Responsible" determination and of other steps that may be taken in response to the complaint such as "no contact" directives. The complainant will also be apprised of other resources that may be available.

     ii. Determination of "Responsible" and Imposition of Remedies/Sanctions

If the adjudication panel determines, based upon the information obtained through the investigation, that it is more likely than not that a respondent is responsible for violating the Policy, the adjudication panel will make a determination of "Responsible" and the Dean(s) of Students of the institution(s) of the parties will determine appropriate sanction(s). The Dean(s) of Students' determination will include steps to take to prevent recurrence of any such violations, and as appropriate, remedies for the complainant. Sanctions imposed on a student may include a variety of institutional responses or requirements, including, but not limited to, the following: warning, writing a reflection paper, behavioral contracts, no-contact directives, administrative referrals, community service hours, restitution, required attendance at educational programs, required assessment or counseling, mediation at the complainant's request, restriction of privileges, inclusion in the respondent's education record of a finding that the Policy was violated, parental notification, probation, suspension and/or expulsion.

     iii. Written Notice of Outcome

The complainant and respondent shall receive a simultaneous written notice of outcome within twenty-five (25) business days after completion of the investigation (including completion of any additional investigation conducted at the request of the adjudication panel).

For complaints involving sexual assault, dating violence, domestic violence, or stalking: The written notice shall include the determination of the adjudication panel, any imposition of sanctions, and the rationales for the determination and sanctions. The written notice will also include information about the procedures for appeal, as set forth below, and when the result becomes final. In addition, the written notice shall include any other steps the institution(s) have taken to eliminate the conduct and prevent its recurrence and the complainant's written notice will contain remedies offered or provided to the complainant.

For all other complaints of sexual misconduct: The written notice shall include the determination of the adjudication panel. The respondent's written notice shall include any imposition of sanctions and the complainant's written notice shall include any imposition of sanctions that directly relates to the complainant. The written notice will also include information about the procedures for appeal, as set forth below, and when the result becomes final. In addition, the written notice shall include any other steps the institution(s) have taken to eliminate the conduct and prevent its recurrence and the complainant's written notice will contain remedies offered or provided to the complainant.

Step 4: Appeal

Following the determination, the complainant or respondent may request an appeal of the decision. The request for an appeal must be word processed, may not exceed 1,300 words, and must be submitted electronically to the Vice President for Student Development of the institution of the appealing party within three (3) business days of receiving the notice of outcome. An extension will be granted only when exceptional circumstances cause delay. Failure to file an appeal or request an extension in a timely manner constitutes a waiver of any right to an appeal.

The basis for an appeal will be limited to the following:

- New or newly discovered evidence that may substantially affect the outcome of the adjudication; or

- There was a procedural error which substantially affected the outcome of the adjudication.

Appeals should not be requested frivolously. An appeal represents a procedural safeguard for the complainant and respondent. In an appeal the burden of proof is shifted to the appealing party to show that it is more likely than not that one or more of the above grounds for appeal are satisfied.

The non-appealing party will be notified of the appeal and the alleged grounds for the appeal. The non-appealing party may, if desired, submit electronically, a word processed response to the appeal, not to exceed 1,300 words, to the Vice President for Student Development of the institution of the appealing party.

     a. Determination of Whether Appeal Has Merit

The appeal request will be reviewed and considered by the Vice President(s) for Student Development of the institution(s) of the parties involved in the complaint. If the complaint involves parties from both institutions, the Vice President for Student Development who has received the appeal shall involve the Vice President for Student Development of the other institution and they shall consider and decide the appeal together. The Vice President(s) for Student Development will determine whether it is more likely than not that either or both of the above grounds for appeal are satisfied. 

If, following review of the initial written appeal, there is not adequate reason to believe that one or more grounds for appeal has been satisfied, the Vice President(s) for Student Development may dismiss the appeal. This decision is final and is not appealable.

The Vice President(s) for Student Development will provide the complainant and respondent with simultaneous written notice of the outcome of the appeal, including any change to the result, within ten (10) business days of the filing of the appeal.

     b. Determination on Remand.

If the Vice President(s) for Student Development of the institution(s) of the involved parties determine that the appealing party has demonstrated that it is more likely than not that one of the above grounds for appeal is satisfied, the Vice President(s) for Student Development will remand the matter for further investigation and/or deliberations. The Vice President(s) for Student Development will determine whether the matter should be remanded to the adjudication panel or whether a new adjudication panel should review the matter. The Vice President(s) for Student Development may not change the adjudication panel's determination or the Dean(s) of Students' imposition of sanctions. Only the adjudication panel reviewing the matter on remand from an appeal may change the determination of the original adjudication panel, and based upon the new determination only the Dean(s) of Students may modify any of the sanctions previously imposed.

The Lead Title IX Coordinator will be available for consultation and will ensure that members of the adjudication panel appointed on remand have received training on the Policy, these Procedures, issues relating to sexual misconduct, the rights of complainants and respondents, and applicable law.

B. Complaint Procedure if the Respondent is a Faculty or Staff Member

Any member of the community who has a concern about potential sexual misconduct by a faculty or staff member should meet with the Associate HR Director (or in the case of a student's concern, may also meet with the Dean(s) of Students) to discuss their concerns, determine options going forward, and learn about other resources available. To make a complaint under these Procedures, the following steps will generally be followed. For complaints involving a respondent who is a faculty or staff member, Procedure B.1 will be used for complaints of sexual assault, dating violence, domestic violence, and stalking and Procedure B.2 will be used for all other complaints of sexual misconduct.

B.1.: Complaint Procedures for Complaints of Sexual Assault, Dating Violence, Domestic Violence, and Stalking

Step 1: Initiation of Complaint

Any member of the community may initiate a complaint proceeding. The complaint proceeding may be initiated at the request of the complainant upon submitting a report to the Associate HR Director, a Dean of Students, SJU Life Safety or CSB Campus Security. Students at the SJU School of Theology·Seminary may alternately submit their complaint form to the Rector or Dean of the School of Theology·Seminary, who will then refer the matter to the Dean(s) of Students and/or the Associate HR Director. The report should contain sufficient detail to enable the Associate HR Director (and in cases involving students, the Deans of Student(s)) to make a determination as to whether the complaint falls within the Policy. When a complaint proceeding is initiated, the institution(s) may ask that any report be confirmed in a written and signed form. Reporting forms are available on the CSB and SJU Sexual Misconduct web page.

Upon receiving a report of a violation of the Policy, the institution(s) will seek the complainant's permission to proceed with a complaint proceeding using the Procedures set forth herein. In addition, circumstances may arise in which a complaint proceeding may be initiated in the name of the institution(s) (even without the complainant's participation) to protect the safety, integrity and welfare of the community as a whole. Generally, the Lead Title IX Coordinator(s), the President(s), or the President(s)' designee will make a determination of whether a complaint proceeding should be initiated in the name of the institution(s). If the institution(s) decide that it has an obligation to initiate a complaint proceeding regarding the alleged Policy violation, it will notify the complainant before proceeding.

The institution(s) will also accept anonymous complaints, but the institution(s) may be limited in their ability to investigate an anonymous complaint.

The Associate HR Director and/or the Dean(s) of Students of the involved institutions has discretion to refer the matter to other institutional procedures. This referral option will generally be used when: (1) the alleged behavior does not fall within the Policy or (2) the alleged behavior applies to another institutional procedure. If the Associate HR Director and/or the Dean(s) of Students of the involved institutions determines that the report or complaint, even if substantiated, would not rise to the level of a Policy violation, he/she/they may dismiss the matter. The parties will be notified of that determination and the complainant will be informed of other procedures for resolving the complaint and of other resources that may be available to complainant.

Step 2: Investigation

An investigation will be conducted by SJU Life Safety, CSB Campus Security, or, at the discretion of the institution(s), an appointed outside investigator. The investigator shall interview the complainant, respondent and/or other witnesses and may request additional information from the complainant, respondent or others. In addition, the complainant and respondent shall have an opportunity to advise the investigator of any witnesses they believe should be interviewed, and/or other evidence that they believe should be reviewed by the investigator. All interviews with the complainant, respondent, and other witnesses shall be recorded. The complainant and respondent shall receive timely notice of meetings at which the complainant or respondent or both will be present. Every attempt will be made to complete the investigation process within fifteen (15) business days of the filing of the complaint. If a criminal complaint has been filed, CSB's and/or SJU's investigation may be temporarily delayed to allow law enforcement to gather evidence. Such delay may only occur at the request of law enforcement and shall not be any longer than necessary for law enforcement to complete the gathering of evidence. Guidance from the Department of Education directs that schools should not wait for the conclusion of a criminal investigation or criminal proceeding to begin their own investigation, therefore, in no case will CSB and SJU wait for the conclusion of a criminal investigation or criminal proceeding to begin its own investigation.

The investigator shall prepare a written summary of the investigation. The investigator will present the facts gathered, but is not responsible for making credibility determinations or otherwise evaluating the facts.

Step 3: Adjudication

In cases of alleged sexual misconduct by a staff member, the Director of Human Resources will generally serve as the adjudicator on issues of whether the Policy has been violated. In cases of alleged sexual misconduct by a faculty member, the Vice Provost will generally serve as the adjudicator on issues of whether the Policy has been violated. An alternative adjudicator may be appointed by the President or the President's designee in cases involving a conflict of interest, the appearance of a conflict of interest, or in other appropriate circumstances. The adjudicator will have received training on the Policy, these Procedures, issues relating to sexual misconduct, the rights of complainants and respondents, and applicable law before rendering any decision and may consult with the Associate HR Director and/or a Title IX Coordinator about such topics.

The investigation file will be made available for review by the complainant and respondent and their designated advisors by making an appointment with the Associate HR Director during regular business hours. Certain information in the investigation file that cannot be shared with the complainant and respondent may be redacted from the file in accordance with applicable law. The file cannot be copied or removed from the Associate HR Director's office or other location provided for review purposes.

The adjudicator will review the complaint and investigation file. The adjudicator may, in his or her discretion, request additional investigation by the investigator or another appropriate individual. In the event that the adjudicator requests additional investigation, the complainant and respondent shall be notified. The adjudicator will strive to ensure that the complainant and respondent have been given equivalent opportunities to present relevant information for consideration in the investigation process.

The adjudicator will use a preponderance of the evidence standard to determine whether, based upon the information obtained from the investigation, it is more likely than not that the respondent is responsible for a Policy violation. The Associate HR Director shall be available to consult with the adjudicator, but will not participate in making the decision.

The determination of the adjudicator may be appealed as provided below. In the event that no appeal is filed within the time periods prescribed below, the decision of the adjudicator will be final.

     a. Determination of "Not Established Responsible"

If the adjudicator determines, based upon the information obtained through the investigation, that there is not sufficient basis to believe that it is more likely than not that a respondent is responsible for violating the Policy, the adjudicator will make a determination of "Not Established Responsible." This will be the decision if the adjudicator determines that it is more likely than not that a Policy violation did not occur or he/she is unable to determine whether the respondent violated the Policy. The complainant and respondent will be notified of the "Not Established Responsible" determination and of other steps that may be taken in response to the complaint such as "no contact" directives. The complainant will also be apprised of other resources that may be available.

     b. "Responsible" Determination and Imposition of Remedies/Sanctions

If the adjudicator determines, based upon the information obtained through the investigation, that it is more likely than not that a faculty member is responsible for violating the Policy, the adjudicator will make a determination of "Responsible" and the matter will be referred to the Provost for appropriate sanctions. The adjudicator's determination will include steps to take to prevent recurrence of any such violations, and as appropriate, remedies for the complainant. Such sanctions will be determined and administered in a manner consistent with the Faculty Handbook.  Appropriate sanctions include, but are not limited to verbal warning, written warning, required training, no-contact directives, suspension, suspension of promotion and salary increments, suspension or withdrawal of faculty privileges, and dismissal. In referring a finding of a violation by a faculty member to the Provost for sanctions, the adjudicator shall state whether the evidence establishes a violation by "clear and convincing evidence" such that dismissal for cause may be considered as a possible sanction under Section 2.13.6.5 of the Faculty Handbook.

If the adjudicator determines, based upon the information obtained through the investigation, that it is more likely than not that a staff member is responsible for violating the Policy, the adjudicator will make a determination of "Responsible" and the staff member's supervisor, in consultation with Human Resources and Divisional Vice President, shall determine the appropriate sanctions, which shall be determined and administered in a manner consistent with the Administrative and Support Staff Handbook. The adjudicator's determination will include steps to take to prevent recurrence of any such violations, and as appropriate, remedies for the complainant. Such sanctions will be determined and administered in a manner consistent with the Administrative and Support Staff Handbook. Appropriate sanctions include, but are not limited to verbal warning, written warning, written reprimand, required training, no-contact directives, reassignment, suspension, probation, demotion, and dismissal.

     c. Written Notice of Outcome

The complainant and respondent shall receive a simultaneous written notice of outcome within fifteen (15) business days after completion of the investigation (including completion of any additional investigation conducted at the request of the adjudication panel). The written notice shall include the determination of the adjudicator, any imposition of sanctions, and the rationales for the determination and sanctions. The written notice will also include information about the procedures for appeal, as set forth below, and when the result becomes final. In addition, the written notice shall include any other steps the institution(s) have taken to eliminate the conduct and prevent its recurrence and the complainant's written notice will contain remedies offered or provided to the complainant.

Step 4: Appeal

A complainant or respondent may appeal only on the grounds that the institution(s) failed to follow the procedures set forth in these Procedures. A complainant or respondent who wishes to appeal shall submit a written statement of appeal, not to exceed 1,300 words, no later than three (3) business days after receiving the notice of outcome. The appeal shall be directed to the Lead Title IX Coordinator of the institution of the appealing party. The Lead Title IX Coordinator (in consultation with the Lead Title IX Coordinator of the institution of the non-appealing party when applicable), will be responsible for appointing an appropriate institutional official to oversee the appeal. Failure to file an appeal or request an extension in a timely manner constitutes a waiver of any right to an appeal.

An appeal should not be requested frivolously. An appeal represents a procedural safeguard for the complainant and respondent. The appealing party must show that it is more likely than not that the grounds for the appeal have merit.

The non-appealing party will be notified of the appeal, the alleged grounds for the appeal, and the identity of the institutional official appointed to oversee the appeal. The non-appealing party may, if desired, submit a written response to the appeal, not to exceed 1,300 words, to the appointed appeal official.

The appeal request will be reviewed and considered by the appointed appeal official. The appointed appeal official will determine whether it is more likely than not that CSB and/or SJU failed to follow the procedures set forth in these Procedures. The decision of the appointed appeal official as to whether a procedural error occurred is final.

- If the appointed appeal official determines that it is not more likely than not that a procedural error occurred, the adjudicator's decision is final.
- If the appointed appeal official determines that it is more likely than not that a procedural error occurred, but that the procedural error did not substantially affect the outcome, the adjudicator's decision is final, but the appointed appeal official will notify the Lead Title IX Coordinator who work with appropriate institutional officials to ensure that the procedural error does not reoccur.
- If the appointed appeal official determines that it is more likely than not that a procedural error occurred, and the procedural error substantially affected the outcome of the proceeding, the adjudicator's decision shall be overturned.

The Lead Title IX Coordinator shall oversee appointment of an alternative decision-maker to make a new decision and take other steps to correct the procedural error. The Lead Title IX Coordinator will provide the complainant and respondent with simultaneous written notice of the outcome of the appeal, including any change to the result, within ten (10) business days of the filing of the appeal.

     B.2.: Complaint Procedure for all other Complaints of Sexual Misconduct

Step 1: Initiation of Complaint

Any member of the community may initiate a complaint proceeding. The complaint proceeding may be initiated at the request of the complainant upon submitting a report to the Associate HR Director or a Dean of Students. Students at the SJU School of Theology·Seminary may alternately submit their complaint form to the Rector or Dean of the School of Theology·Seminary, who will then refer the matter to the Dean(s) of Students and/or the Associate HR Director. The report should contain sufficient detail to enable the Associate HR Director (and in cases involving students, the Dean(s) of Students) to make a determination as to whether the complaint falls within the Policy. When a complaint proceeding is initiated, the institution(s) may ask that any report be confirmed in a written and signed form. Reporting forms are available on the CSB and SJU Sexual Misconduct web page.

Upon receiving a report of a violation of the Policy, the institution(s) will seek the complainant's permission to proceed with a complaint proceeding using the Procedures set forth herein. In addition, circumstances may arise in which a complaint proceeding may be initiated in the name of the institution(s) (even without the complainant's participation) to protect the safety, integrity and welfare of the community as a whole. Generally, the Lead Title IX Coordinator(s), the President(s), or the President(s)' designee will make a determination of whether a complaint proceeding should be initiated in the name of the institution(s). If the institution(s) decide that it has an obligation to initiate a complaint proceeding regarding the alleged Policy violation, it will notify the complainant before proceeding.

The institution(s) will also accept anonymous complaints, but the institution(s) may be limited in their ability to investigate an anonymous complaint.

The Associate HR Director and/or the Dean(s) of Students of the involved institutions has discretion to refer the matter to other institutional procedures. This referral option will generally be used when: (1) the alleged behavior does not fall within the Policy or (2) the alleged behavior applies to another institutional procedure. If the Associate HR Director and/or the Dean(s) of Students of the involved institutions determines that the report or complaint, even if substantiated, would not rise to the level of a Policy violation, he/she/they may dismiss the matter. The parties will be notified of that determination and the complainant will be informed of other procedures for resolving the complaint and of other resources that may be available to complainant.

Step 2: Investigation

An investigation will be conducted by SJU Life Safety, CSB Campus Security, or, at the discretion of the institution(s), an appointed outside investigator. The investigator shall interview the complainant, respondent and/or other witnesses and may request additional information from the complainant, respondent or others. In addition, the complainant and respondent shall have an opportunity to advise the investigator of any witnesses they believe should be interviewed, and/or other evidence that they believe should be reviewed by the investigator. Every attempt will be made to complete the investigation process within fifteen (15) business days of the filing of the complaint. The investigator shall prepare a written summary of the investigation. The investigator will present the facts gathered, but is not responsible for making credibility determinations or otherwise evaluating the facts.

Step 3: Adjudication

In cases of alleged sexual misconduct by a staff member, the Director of Human Resources will generally serve as the adjudicator on issues of whether the Policy has been violated. In cases of alleged sexual misconduct by a faculty member, the Vice Provost will generally serve as the adjudicator on issues of whether the Policy has been violated. An alternative adjudicator may be appointed by the President or the President's designee in cases involving a conflict of interest, the appearance of a conflict of interest, or in other appropriate circumstances. The adjudicator will have received training on the Policy, these Procedures, issues relating to sexual misconduct, the rights of complainants and respondents, and applicable law before rendering any decision and may consult with the Associate HR Director and/or a Title IX Coordinator about such topics.

The adjudicator will review the complaint and investigation file. The adjudicator may, in his or her discretion, request additional investigation by the investigator or another appropriate individual. The adjudicator will strive to ensure that the complainant and respondent have been given equivalent opportunities to present relevant information for consideration in the investigation process.

The adjudicator will use a preponderance of the evidence standard to determine whether, based upon the information obtained from the investigation, it is more likely than not that the respondent is responsible for a Policy violation. The Associate HR Director shall be available to consult with the adjudicator, but will not participate in making the decision.

The determination of the adjudicator may be appealed as provided below. In the event that no appeal is filed within the time periods prescribed below, the decision of the adjudicator will be final.

     a. Determination of "Not Established Responsible"

If the adjudicator determines, based upon the information obtained through the investigation, that there is not sufficient basis to believe that it is more likely than not that a respondent is responsible for violating the Policy, the adjudicator will make a determination of "Not Established Responsible." This will be the decision if the adjudicator determines that it is more likely than not that a Policy violation did not occur or he/she is unable to determine whether the respondent violated the Policy. The complainant and respondent will be notified of the "Not Established Responsible" determination and of other steps that may be taken in response to the complaint such as "no contact" directives. The complainant will also be apprised of other resources that may be available.

     b. "Responsible" Determination and Imposition of Remedies/Sanctions

If the adjudicator determines, based upon the information obtained through the investigation, that it is more likely than not that a faculty member is responsible for violating the Policy, the adjudicator will make a determination of "Responsible" and the matter will be referred to the Provost for appropriate sanctions. The adjudicator's determination will include steps to take to prevent recurrence of any such violations, and as appropriate, remedies for the complainant. Sanctions will be determined and administered in a manner consistent with the Faculty Handbook. Appropriate sanctions include, but are not limited to verbal warning, written warning, required training, no-contact directives, suspension, suspension of promotion and salary increments, suspension or withdrawal of faculty privileges, and dismissal. In referring a finding of a violation by a faculty member to the Provost for sanctions, the adjudicator shall state whether the evidence establishes a violation by "clear and convincing evidence" such that dismissal for cause may be considered as a possible sanction under Section 2.13.6.5 of the Faculty Handbook.

If the adjudicator determines, based upon the information obtained through the investigation, that it is more likely than not that a staff member is responsible for violating the Policy, the adjudicator will make a determination of "Responsible" and the staff member's supervisor, in consultation with Human Resources and Divisional Vice President, shall determine the appropriate sanctions, which shall be determined and administered in a manner consistent with the Administrative and Support Staff Handbook. The adjudicator's determination will include steps to take to prevent recurrence of any such violations, and as appropriate, remedies for the complainant. Appropriate sanctions include, but are not limited to verbal warning, written warning, written reprimand, required training, no-contact directives, reassignment, suspension,probation, demotion, and dismissal.

     c. Written Notice of Outcome

The complainant and respondent shall receive a written notice of outcome within fifteen (15) business days after completion of the investigation (including completion of any additional investigation conducted at the request of the adjudicator). The respondent's written notice shall include any imposition of sanctions and the complainant's written notice shall include any imposition of sanctions that directly relates to the complainant.

Step 4: Appeal

A complainant or respondent may appeal only on the grounds that the institution(s) failed to follow the procedures set forth in these Procedures. A complainant or respondent who wishes to appeal shall submit a typewritten statement of appeal, not to exceed 1,300 words, no later than three (3) business days after receiving the notice of outcome. The appeal shall be directed to the Lead Title IX Coordinator of the institution of the appealing party. The Lead Title IX Coordinator (in consultation with the Lead Title IX Coordinator of the institution of the non-appealing party when applicable), will be responsible for appointing an appropriate institutional official to oversee the appeal. Failure to file an appeal or request an extension in a timely manner constitutes a waiver of any right to an appeal.

An appeal should not be requested frivolously. An appeal represents a procedural safeguard for the complainant and respondent. The appealing party must show that it is more likely than not that the grounds for the appeal have merit.

The non-appealing party will be notified of the appeal, the alleged grounds for the appeal, and the identity of the institutional official appointed to oversee the appeal. The non-appealing party may, if desired, submit a typewritten response to the appeal, not to exceed 1,300 words, to the appointed appeal official.

The appeal request will be reviewed and considered by the appointed appeal official. The appointed appeal official will determine whether it is more likely than not that CSB and/or SJU failed to follow the procedures set forth in these Procedures. The decision of the appointed appeal official as to whether a procedural error occurred is final.

- If the appointed appeal official determines that it is not more likely than not that a procedural error occurred, the adjudicator's decision is final.
- If the appointed appeal official determines that it is more likely than not that a procedural error occurred, but that the procedural error did not substantially affect the outcome, the adjudicator's decision is final, but the appointed appeal official will notify the Lead Title IX Coordinator who work with appropriate institutional officials to ensure that the procedural error does not reoccur.
- If the appointed appeal official determines that it is more likely than not that a procedural error occurred, and the procedural error substantially affected the outcome of the proceeding, the adjudicator's decision shall be overturned. The Lead Title IX Coordinator shall oversee appointment of an alternative decision-maker to make a new decision and take other steps to correct the procedural error.

The Lead Title IX Coordinator will provide the complainant and respondent with a written notice of the outcome of the appeal within ten (10) business days of the filing of the appeal.

     C. Complaint Procedure if the Respondent is an Associate or Third Party

Any member of the community who has a concern about potential sexual misconduct by an Associate or third party should report their concern to the Associate HR Director, Dean(s) of Students, and/or Lead Title IX coordinator(s).

Upon receiving a report of potential sexual misconduct by an associate or third party, the Associate HR Director and/or Dean(s) of Students will involve the appropriate administrative officials to make a determination of how to handle the complaint. The administrative official, in consultation with the Lead or a Deputy Title IX Coordinator, may exercise discretion to determine an appropriate investigative and adjudication process based on the facts and circumstances. The administrative official will document the report received, process used, and the outcome and will submit such information to the Lead Title IX Coordinator. CSB and/or SJU will notify the parties and, if applicable, employing entities that contract with CSB and/or SJU, of the outcome of the complaint. Associates and third parties may not appeal the decision made. A complainant or respondent with concerns about the process or outcome, however, should consult with the Lead Title IX Coordinator(s).

VII. External Complaints

Nothing in the Policy or these Procedures is intended to interfere with the right of any individual to pursue other avenues of recourse which may include, but is not limited to, filing a complaint with the United States Department of Education's Office for Civil Rights (OCR). If you filed a complaint under the Policy and believe the institution(s)' response was inadequate, or you otherwise believe you have been discriminated against by the institution(s), you may file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education based in Chicago or the Educational Opportunities Section (EOS) of the Civil Rights Division of the U.S. Department of Justice.

VIII. Contact Information

COLLEGE OF SAINT BENEDICT
  • Chief of Staff/Executive Assistant to the President and Lead Title IX Coordinator; Kathryn Enke, kenke@csbsju.edu, 320-363-5070
  • Vice President for Student Development and Deputy Title IX Coordinator; Mary Geller, mgeller@csbsju.edu, 320-363-5601
  • Dean of Students and Deputy Title IX Coordinator; Jody Terhaar, jterhaar@csbsju.edu, 320-363-5270
  • Associate HR Director and Deputy Title IX Coordinator; Judy Bednar, jbednar@csbsju.edu, 320-363-5071
  • Security Director Darren Swanson, dswanson@csbsju.edu, 320-363-5000

SAINT JOHN’S UNIVERSITY (including School of Theology)
  • Chief of Staff/Executive Assistant to the President and Lead Title IX Coordinator; Patti Epsky, pepsky@csbsju.edu, 320-363-2246
  • Vice President for Student Development and Deputy Title IX Coordinator; Doug Mullin, OSB, dmullin@csbsju.edu, 320-363-2737
  • Dean of Students and Deputy Title IX Coordinator; Michael Connolly, mconnolly@csbsju.edu, 320-363-3171
  • Associate HR Director and Deputy Title IX Coordinator; Judy Bednar, jbednar@csbsju.edusju.edu, 320-363-5071
  • Life Safety Services Director; Shawn Vierzba, svierzba@csbsju.edu,  320-363-2144
  • Interim Dean, SJU School of Theology·Seminary; Dale Launderville, OSB, dlaunderville@csbsju.edu, 320-363-3389
  • Seminary Rector and Deputy Title IX Coordinator; Michael Patella, OSB, mpatella@csbsju.edu320-363-2108

If any changes are made in the persons holding these positions, current information will be available on the CSB and SJU web site.


CSB/SJU Complaint Procedures for Sexual Misconduct Violation (pdf)

approved May, 2015