Title IX resource page

Where it is deemed possible and safe and when the parties agree, an informal resolution procedure may be applied to resolve a formal complaint. The informal procedure will not, however, be used when the complainant is a student and the alleged respondent is an employee.

To initiate the informal resolution procedure, the Title IX coordinator will review the procedure with the complainant and the respondent in a timely manner and elicit their interest in engaging this process. Both parties must give voluntary, informed written consent to participate in the informal resolution procedure. To reach an informal resolution, the Title IX coordinator (or designee) will speak with both parties and any appropriate witnesses to explore what actions and supportive measures can be agreed upon.

If a satisfactory resolution is reached through this informal conversation, the resolution will be documented and signed by both parties. If both parties sign the resolution, they may not then pursue the formal resolution procedure. If these efforts are unsuccessful or if the complainant or respondent do not accept the informal resolution, the formal resolution procedure may commence.

Either party (complainant or respondent) may stop the informal procedure at any time and request that the complaint be handled through the formal procedure. The complainant may request to end the informal or formal procedure at any time and the Title IX coordinator will consider whether granting the request to end the process is consistent with GCHS’s responsibilities under Title IX and to its students and the public.

Investigation

Upon the receipt of a signed formal complaint, the Title IX coordinator will assign an objective investigator to commence the investigation. The role of the investigator is to gather the facts, by interviewing all witnesses, collecting appropriate evidence and documenting his/her findings in preparation for a live hearing.

The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on GCHS (as represented by the investigator) and not on the parties. However, both parties must have the opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence to the investigator. The investigator cannot access, consider, disclose or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist or other recognized professional which are made and maintained in connection with the provision of treatment to the party, unless the investigator obtains that party’s voluntary, written consent to do so for the grievance process.

The investigation will take place in a timely manner. The parties to the complaint will receive the notice of allegations (described above) at least seven (7) calendar days before their initial meeting with the investigator. The investigator will provide any witnesses with timely notification of the date, location and time of their interview meetings at least three (3) calendar days in advance and will notify the parties of any additional interviews at least three (3) calendar days in advance. Interviews may occur in person or virtually based on the circumstances and investigators will work with the parties and witnesses to handle any scheduling conflicts. The complainant and respondent may be accompanied to any meetings with an advisor of their choice.

Sharing of evidence: During the investigation, the complainant and respondent will be provided with copies of or allowed to inspect all evidence collected. Within seven (7) calendar days of receipt of the evidence, either party may submit responses to the evidence to the investigator or may submit any additional evidence contradicting or corroborating the evidence collected by the investigator.

Preliminary investigative report: The investigator will prepare an investigative report that fairly summarizes the relevant evidence. At the conclusion of the investigation, the investigator will provide the complainant and respondent and their advisors with a copy of the preliminary investigative report allowing a fourteen (14) calendar day response period for both parties to review and respond to the report. The parties will also be notified of a proposed hearing date, at least twenty-eight (28) calendar days from the date of receipt of the preliminary investigative report.

Final investigative report: Once this 14-day response period is concluded, the investigator will review any responses received and finalize the report. The complainant, the respondent and their advisors will simultaneously receive a copy of this written report at least fourteen (14) calendar days before the scheduled hearing.

Supportive measures: At any time during the investigation, the investigators may recommend that additional supportive measures, including interim protections, be provided to the parties or witnesses.

Live hearing

Written notice of hearing: The Title IX coordinator and the investigator will provide written notification of the date, time, location, participants, allegations and purpose of the hearing, to all parties and witnesses whose participation is invited or expected at least fourteen (14) calendar days before the hearing.

Advisors: Both the complainant and the respondent have the right to have an advisor present during all phases of the investigation and hearing. The advisor can be, but is not required to be, an attorney. If a party does not have an advisor for the live hearing, GCHS will appoint an advisor of its choice without fee or charge to that party, who may be, but is not required to be, an attorney, to represent the party during the hearing.

Decision-maker: Presiding over the hearing will be an objective decision-making hearing officer who is trained in conducting Title IX hearings. The hearing officer will be hired individually or through a consulting firm contracted to advise GCHS on Title IX matters. The hearing officer will oversee the resolution of the complaint by interviewing all appropriate parties, including witnesses, determining the relevance of all questions posed under cross-examination, evaluating the relevance of all evidence submitted and rendering a decision of responsibility.

Hearing format: The live hearing will be conducted in a manner so that all parties can see and hear testimony at all times. During the hearing, the parties may be in separate rooms (at the request of either party) or the hearing (in-part or in-whole) may be conducted virtually as long as there is appropriate technology to allow for the parties, their advisors and the hearing officer to see and hear testimony at all times. The hearing will be recorded or transcribed, and a copy of the recording/transcription will be provided to both the complainant and respondent for review.

A detailed outline of the hearing process will be provided to all parties along with the written notice of the hearing date/time.

Rules for questioning parties and witnesses: Only the advisors for the parties, the investigator or the hearing officer may question the testifying parties and witnesses. All questioning must be conducted in a professional and polite manner. Questioners may only ask relevant questions. Before the party or witness answers a question, the hearing officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

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

Impact of testimony: The hearing officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

Determination regarding responsibility

Generally, within fourteen (14) calendar days of the hearing, the hearing officer will issue a written determination regarding responsibility applying the preponderance of the evidence standard. The Title IX coordinator will ensure that the written determination includes all of the following and will share the determination with all parties simultaneously:

• A list of the allegations potentially constituting Title IX sexual harassment or sexual/gender misconduct;
• A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence and hearings held;
• Findings of fact supporting the determination;
• Conclusions regarding the application of GCHS’s policies or codes of conduct to the facts;
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;
• Any disciplinary sanctions imposed on the respondent;
• Whether remedies designed to restore or preserve equal access to GCHS’s education program or activity will be provided by GCHS to the complainant; and
• The procedures and permissible bases for the complainant and respondent to appeal.

Notice of determination of responsibility: The complainant and respondent will be given simultaneous notice, in writing, of the determination of responsibility and any next steps, including the availability of appeal. See Section 10 of the Policy on Sexual/Gender Discrimination, Misconduct, and Harassment.