2.7 Guidelines for Resolving Discrimination Complaints

2.7.1 GENERAL

2.7.2 DISCRIMINATION COMPLAINT RESOLUTION PROCEDURES FOR COMPLAINTS SUBJECT TO TITLE IX

2.7.3 GUIDELINES FOR RESOLVING DISCRIMINATION COMPLAINTS THAT ARE NOT SUBJECT TO TITLE IX

2.7.1 GENERAL

The College shall respond to complaints of discrimination, including sexual harassment, promptly, equitably, and in accordance with these guidelines. Complaints by students against employees and complaints by employees against other employees will be resolved using the formal and/or informal procedures of the Ithaca College Guidelines for Resolving Discrimination Complaints. When the individual accused of violating the policy is a student, complaints will be resolved in accordance with relevant provisions of the Ithaca College Student Conduct Code.

Note: In this Section 2.7, a regular business day means any day that falls on Monday through Friday, during which the College has an open operating status in accordance with Section 2.9 “College Operating Status Changes”, and excluding holidays and wellness days recognized by the College in accordance with “Section 3.9.11 Time-Off Benefits (Holidays)”.

2.7.2 DISCRIMINATION COMPLAINT PROCEDURES SUBJECT TO TITLE IX

Ithaca College complies in all aspects with the laws and regulations required by Title IX of the Education Amendments Act of 1972 (“Title IX”). Title IX is a federal law requiring that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.

The following sections (2.7.2.1 through 2.7.2.6) describe Ithaca College’s process for responding to complaints alleging sex-based harassment by Ithaca College employees, in compliance with Title IX regulations established by the United States Department of Education (34 CFR Part 106).

2.7.2.1 EQUITABLE RIGHTS

Training

  • Title IX Coordinators, investigators, and those serving as board members for the discrimination complaint review board in cases subject to Title IX will receive annual training on the definition of sexual harassment; the scope of College programs and activities to which Title IX applies; how to conduct an investigation and/or conduct proceedings, including hearings, appeals, and informal resolution processes; how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; the effects of trauma; and the presumption that the respondent is “not responsible” until a finding of responsibility is made.
    • Discrimination complaint review board members and appellate panel members will receive additional annual training on the use of any technology to be used during a live hearing; and issues of relevance regarding questions and evidence.
    • Investigators available for Title IX cases will receive additional annual training regarding issues of relevance to create an investigative report that fairly summarizes relevant evidence.

Time Frames

  • The investigation and Title IX complaint resolution process will occur promptly and without unreasonable delay.
  • Following the investigation, the respondent and complainant will be given electronic access to the investigative report and case file materials. Each party will have up to ten (10) calendar days to review the investigative report and case file materials.
  • A discrimination complaint review board hearing will be convened by the Chief Human Resources Officer (“CHRO”), or their designee, promptly once each party has had an opportunity to review the investigative report. Timelines for convening the discrimination complaint review board will be in accordance with “Scheduling” subsection in 2.7.2.5.
  • Timelines for communicating decisions from the review board will be in accordance with the "Decisions" subsection in 2.7.2.5.
  • If circumstances arise that delay either the investigation and/or the discrimination complaint review board proceedings, both parties will be notified of the delay and its cause. A delay may occur for considerations such as:
    • The absence of a party, a party’s advisor, or a witness;
    • concurrent law enforcement activity; or
    • the need for language assistance or accommodation of disabilities

Standard of Proof for Determining Responsibility

  • All decisions from the review board hearing and any appeals will be made by simple majority (where applicable) and will be based only on evidence (written and verbal) presented at the hearing. Decisions must be supported by a preponderance of the evidence, meaning that more likely than not a violation of College policy, rule, or regulation occurred.

Determinations of Relevance

  • The standard for determining relevance of evidence is whether the evidence tends to prove or disprove a material fact related to the responsibility of the respondent, whether inculpatory or exculpatory, for the alleged violation.
  • During the investigation, the Title IX coordinator (or designee) investigating on behalf of the College has the discretion to make reasonable determinations regarding the relevance and availability of evidence.
  • After the investigative report is referred to the CHRO (or other designated chairperson for the discrimination complaint review board), relevance determinations for all available evidence will be made in the sole discretion of the chairperson of the hearing prior to review by the full review board. The chairperson may redact or exclude information that does not meet the relevance standard above.
  • Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant unless offered to prove that someone other than the respondent committed the violation alleged by the complainant. Specific incidents of the complainant’s prior sexual behavior may also be deemed relevant if offered to prove consent.

Support and Interim Measures

  • When a report of sex-based harassment is made, certain measures and resources may be made available before the resolution of a complaint to ensure both parties’ access to the College’s educational programs. These measures will be made reasonably available at no personal financial expense to the parties. When supportive measures have been implemented by the College, the parties may request modification at any time during the investigative process until the conclusion of the discrimination complaint review board process, and during any reinstatement of interim measures pending appeal.
  • Requests for support and interim measures from the College, as well as requests to modify such measures, must be directed to the Title IX Coordinator. Please visit the College’s SHARE website for more information.
  • Some examples of supportive measures include the following:
    • Mutual Restriction Notice
    • Housing Re-Assignments for resident students and employees
    • Class Re-Assignments
    • Safety Escorts on Campus
    • Alternate Class Schedules
    • Assistance communicating with instructors about assignments
    • Assistance with a change in work schedule or employment
    • Assistance connecting with resources such as but not limited to Student Accessibility Services, academic advising, human resources, and confidential resources
  • Interim Suspension. For complaints subject to Title IX, the College may consider an immediate unpaid suspension of a respondent employee from campus housing (if a resident), or from all employment duties and all college programs and activities, if the employee’s continued presence may jeopardize the safety or welfare of any person. Such immediate measures will be administered on an interim basis pending resolution of the complaint resolution process.
    • When an employee is subject to an interim unpaid suspension based on the above criteria, written notification authorized by the executive officer overseeing the division (or designee) will be sent to the respondent to inform them of their immediate suspension of duties.
    • Interim suspensions of faculty members are subject to the “immediate suspension” procedures in 4.15.6.3. Interim suspensions of all other non-student employees are subject to the “investigatory leave of absence” procedures in 5.5.3.
  • Measures that are interim in nature will terminate upon the conclusion of the discrimination complaint review board process, but may be temporarily reinstated pending a final appeal.

Possible Sanctions

  • Formal sanctions for violations that are subject to this section (subject to Title IX) may only apply after a determination of responsibility has been made. The possible sanctions applicable to an employee for sex-based harassment include the following range of actions:
    • Verbal warning
    • Written warning
    • Demotion (for non-faculty employees)
    • Disciplinary Suspension
    • Dismissal

Right to an Advisor

  • Throughout the investigation, the discrimination complaint review board process, and any appeal related to a formal complaint under this section, the parties have the right to select an advisor of their choice, who may be a friend, member of the Ithaca College community (student or employee), family member, or other support person, including an attorney. Both parties will have access to a process advisor provided by the College from a pool of College employees trained in accordance with the “Training” section above (each, a “College-trained advisor”). The College-trained advisor may serve as the party’s primary advisor or may serve as a secondary resource to the party.
  • When selecting a primary advisor, a party must consider that the advisor’s role will include cross-examination obligations. Cross-examination involves asking the other party and any witnesses questions based on the case file and follow-up questions based on live testimony, including challenges to credibility. Such cross-examination may not be conducted by the parties themselves. See Section 2.7.2.5.5 below for more information about cross-examination procedures.
  • A party’s primary advisor may accompany the party to any investigatory meeting, conduct-related meeting, or formal proceeding throughout the formal resolution process (at the party's own expense, if the advisor is a paid advisor).
  • Each party must be accompanied by their primary advisor at the discrimination complaint review board hearing, who will be the only advisor permitted to attend. If a party’s selected primary advisor is unavailable at the hearing, the party must provide notice in advance to the chairperson, who will determine whether there is good cause to delay the hearing. If the chairperson elects to continue the hearing without the selected primary advisor, a substitute primary advisor may be selected or assigned by the College without postponement of the hearing.

Prohibition on Retaliation

  • Ithaca College may not, nor may any other person, intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this policy or by Title IX regulations because an individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing.
  • Neither party shall in any way be restricted from the ability to discuss the allegations under investigation and/or to gather and present relevant evidence.

2.7.2.2 PRE-HEARING AND INVESTIGATION

Complaint Intake

Once any report of sex-based harassment is made to the Title IX office, the student or employee making the report will be offered a meeting with the Title IX coordinator (or designee). The Title IX coordinator (or designee) will offer support, resources and reporting options to the complainant. The complainant’s options for reporting to the College include submitting a formal complaint in accordance with this subsection or documenting the incident without a request for formal investigation.

  • Documenting without making a formal complaint
    • Students and employees may choose to make a report to the Title IX Office solely for the purpose of documenting their allegations and accessing support services, and may request that no formal investigation ensue. At any time, however, a reporting party who makes a report to “document only” may request that the College proceed with a formal complaint investigation, which will require the complainant to submit a formal written complaint.
    • The Title IX coordinator is charged with maintaining campus safety and as a result, there may be times when a report is made to the Title IX Office that could lead to the initiation of a formal resolution process despite a request to the contrary from the individual making the report
  • Submitting a formal complaint
    • Students and employees who make an initial report alleging sex-based harassment will have the option to first review their rights and available resources with the Title IX coordinator prior to submitting a formal complaint. A formal complaint must be submitted in writing, whether to the Title IX Office, the Office of Public Safety, or to another appropriate College official. Upon review of the formal complaint, the Title IX coordinator will determine whether the allegations satisfy the criteria stated in the Grounds for Proceeding under a Title IX Complaint Resolution Process. If any of the allegations meet the grounds for a complaint under Title IX, a Notice of Investigation will be issued in accordance with that section below.

Grounds for Proceeding under a Title IX Complaint Resolution Process

The Title IX coordinator (or designee) is responsible for determining whether a submitted formal complaint requires investigation and resolution pursuant to the Title IX Complaint Process (Section 2.7.2). Complaints will be investigated and resolved in accordance with Section 2.7.2 if the facts alleged satisfy all of the following three criteria:

  1. The conduct is alleged to have occurred within an education program or activity. This includes locations, events, or circumstances over which the College exercise substantial control over the respondent and control over the context in which the sexual harassment occurs.
  2. The conduct is alleged to have occurred within the United States.
  3. The alleged conduct is consistent with the definition of “sexual harassment” under Title IX, which includes any conduct on the basis of sex that includes any of the following:
    1. A respondent employed by the College conditioning the provision of an aid, benefit, or service of the College on the complainant’s participation in unwelcome sexual conduct;
    2. Unwelcome conduct that would be determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the complainant equal access to the College’s education program or activity; or
    3. Conduct constituting “sexual assault”, “non-consensual sexual contact”, “domestic violence”, “dating violence”, or “stalking” as defined in section 2.1 of the Ithaca College Policy Manual.

Evaluation of a Formal Complaint

  • Dismissal of formal complaints under Title IX
    • If the formal complaint received by the Title IX coordinator does not include allegations that satisfy the criteria stated in the Grounds for Proceeding under a Title IX Complaint Resolution Process, the Title IX Coordinator (or designee) will dismiss the complaint as a Title IX matter, but may nonetheless refer the matter to the process under 2.7.3 of this policy if alleged conduct nonetheless may constitute sex-based harassment.
    • The Title IX coordinator will promptly send notice of the dismissal of any allegation in the formal complaint simultaneously to both parties, including the reasons for the dismissal
  • Appeal of the Dismissal
    • Any decision by the Title IX coordinator to dismiss an allegation in the formal complaint may be appealed by either party at any time while they remain a student or employee of the College. The appealing party must submit a written appeal to be reviewed by the CHRO, demonstrating one or more of the following grounds:
      • A procedural irregularity that materially affected the outcome
      • New and relevant evidence that was not reasonably available at the time of the dismissal, which could have materially affected the determination
      • A conflict of interest or bias for the Title IX coordinator, investigator, or other decision maker(s) that materially affected the determination
    • Once a written appeal has been submitted, a copy of the appeal will be made available for review by the opposing party. The opposing party will have three (3) regular business days to review the written appeal and submit a written response to the CHRO. Responses submitted late will not be considered. Responses should address only the applicable grounds. The non-appealing party's response will be shared with the appealing party, however no further submissions will be accepted from either party.
    • The CHRO’s written decision on the appeal will be simultaneously communicated to the complainant, the respondent, and the Title IX coordinator.

Notice of Investigation

  • When a formal resolution process is initiated, the Title IX coordinator (or designee) will notify the parties of the allegations being investigated. The Notice of Investigation is intended to prepare parties to fully participate with knowledge about rights and procedures afforded to them by the College and will include the following:
    • Information about the College’s complaint resolution procedures
    • Whether the Informal Resolution Process is available for the alleged violations
    • Notice of the allegations that includes details known at the time of initiation of the investigation. The notice will be provided in advance of the initial investigation meeting to give the parties time to prepare to respond.
    • A statement that the respondent is presumed not responsible until a finding of responsibility is made pursuant to the formal resolution process.
    • Notice that the party may have an advisor of choice who may be an attorney
    • Notice that both parties and their respective advisors may inspect and review evidence after the investigative report is compiled.
    • Notice of the College’s Personal Honesty Policy for students (section 7.1.2.3.3 of the student conduct code) and/or the Ethics and Integrity Policy for employees, both of which prohibit knowingly making a false statement or knowingly submitting false information at any point during the complaint resolution process.
    • Notice of the date, time, location, participants, and purpose of all hearings, investigative interviews or other meetings with time for the party to prepare to participate.

Investigation and Evidence Gathering

The Title IX coordinator (or designee) will continue the investigation after determining the assignment of a formal resolution process. If the Title IX coordinator determines that the criteria are met to proceed under an Informal Resolution Process, then the investigation and evidence gathering measures will be suspended, pending completion of the Informal Resolution Process.

  • The investigation will result in an investigative report, including the collected evidence and an investigative summary that fairly summarizes and objectively evaluates all relevant evidence – including both inculpatory and exculpatory evidence, whether obtained from a party or other source.
  • All parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence to the designated investigator.
  • Throughout the investigation, the burden of proof and the burden of gathering evidence to reach a determination regarding responsibility rests on the College.

Investigative Report Review

The Title IX coordinator (or designee) will make the investigative report, including a draft investigative summary, available to each party, and their respective primary advisors, at the conclusion of the investigation.

  • All parties will have an equal opportunity to review any evidence gathered by the College as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence the College does not intend to rely upon in reaching a determination regarding responsibility.
  • Parties and their advisors will be provided an electronic copy of the investigative report (redacted for privacy) and have up to ten (10) calendar days to review the material with their advisor and communicate any concerns about the summary, or their individual evidence and testimony, with the Title IX coordinator.
  • The investigative report, including the draft investigative summary, will not include final determinations of the admissibility of evidence for the upcoming discrimination complaint board hearing.

2.7.2.3 INFORMAL RESOLUTION PROCESS

The Informal Resolution Process (“IRP”) is available if both parties wish to resolve the formal complaint through a voluntary mediation process, however the process is not an available option when the complaint is made by a student against an employee.

The IRP is facilitated by the Title IX coordinator (or designee) and is designed to address the needs of each party for them to continue being successful as a community member of the college. At any point during an IRP, either party may choose to withdraw from the process. If either party withdraws, they may request to engage in a formal process OR the complainant may request to withdraw their formal complaint.

The IRP is not a fact-finding process or evaluation of evidence. Any information gathered during the IRP will be available to an investigator and to decision-makers if a formal complaint process is later initiated. Decisionmakers will be instructed that any information submitted by the parties during the IRP may not be considered an admission of the alleged violation.

Once an IRP is completed, either party may request a modification to the resulting resolution at any time as long as they remain a student or employee at the College. By accepting the resolution, parties understand that the Title IX Office (or designee) may facilitate further mediation in the event that they wish to revisit the agreed-upon terms or raise new concerns through this process.

2.7.2.4 CONSOLIDATION OF COMPLAINTS

Multiple complaints subject to Title IX that stem from the same facts and circumstances may be consolidated into a single formal resolution process, under the following circumstances:

  • A complaint against more than one respondent
  • Complaints by more than one complainant against one or more respondents
  • Complaints by both parties alleging wrongdoing by the other

Where a formal resolution process 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.

2.7.2.5 DISCRIMINATION COMPLAINT REVIEW BOARD PROCESS FOR CASES SUBJECT TO TITLE IX INVOLVING FACULTY OR STAFF RESPONDENT(S)

Note: The Chief Human Resources Officer (“CHRO”) may appoint a designee, when or where appropriate, to perform the functions delegated to the CHRO in the following procedural sections: 2.7.2.1; 2.7.2.2; and 2.7.2.5.

Scheduling

  • The discrimination complaint review board will be promptly convened, within fifteen (15) regular business days from the date the investigative report is received by the CHRO.
  • All meetings and deadlines will be scheduled without unreasonable delay. Unavoidable delays related to parties’, advisors’, or witness’s absence, medical or emergency needs, or requests from law enforcement agencies conducting concurrent investigations may result in temporary delay, and College procedures will promptly resume. Requests for postponements will be determined on a case-by-case basis by the chairperson.

Pre-Board Meeting

  • The respondent and the complainant will have separate meetings with the CHRO prior to the discrimination complaint review board hearing. This meeting is an opportunity for each party to ask questions about the procedures, rights, responsibilities, and other aspects of the hearing process. During this meeting, the CHRO will discuss either party’s request to appear at the live hearing virtually. Parties may contact the CHRO again if new questions arise. A party must make their request for any additional meeting at least two (2) regular business days prior to the scheduled hearing.

Formal Charge Letter

  • The respondent and the complainant will be notified simultaneously in writing of the formal charges to be considered by the discrimination complaint review board. This notice will be submitted at least five (5) calendar days prior to the hearing.

Evidence (non-testimonial)

  • The board will be provided a case file that includes all relevant evidence provided in the investigative report from the Title IX Office.
  • New non-testimonial evidence will only be admitted after the close of the investigative report if it was not reasonably available during the investigation. If material evidence becomes available that was not reasonably available before the close of the investigation, the hearing may be postponed to provide both parties equitable time to review the evidence.
  • Requests to admit evidence after the close of the investigation must be made to the chairperson in advance of the hearing.
    • Relevance determinations and determinations as to whether evidence was reasonably available prior to the deadline will be made solely at the discretion of the chairperson.
    • Exceptions may be made, when necessary, in the sole discretion of the chairperson, and a hearing may be postponed to provide both parties equitable time to review evidence.

Composition of the Discrimination Complaint Review Board

  • The respondent and complainant will receive notice simultaneously from the chairperson regarding who will serve as discrimination complaint review board members.
  • The discrimination complaint review board will be composed of four (4) individuals: three appointees from the available pool established in accordance with 2.7.3.2.4 Establishment of a Discrimination Complaint Appeal Board, and the CHRO as a non-voting chairperson.
  • Parties may challenge the participation of any board member based on a conflict of interest or bias. Any such objection will be ruled upon by the chairperson.
  • The following individuals are the only people allowed in the hearing room: the respondent; the complainant; the primary advisors for the respondent and the complainant; witnesses, as called upon; the board members and chairperson; and a note taker appointed by the chairperson. Determinations regarding any deviation from this standard will be made by the chairperson.

Submitting Written Materials

  • To expedite the chairperson’s review during the hearing, Parties may submit copies of opening and/or closing statements for pre-approval no later than 5 p.m. on the day that falls two regular business days before the hearing.
  • Parties may also submit copies of their cross-examination questions for pre-approval no later than  5 p.m. on the day that falls two regular business days before the hearing.
  • Questions and statements submitted for pre-approval are not made available to the opposing party.
  • Questions and statements that are not pre-approved are subject to restrictions for relevance and decorum by the chairperson during the live hearing.
  • Questions that either party would like to be shared with the opposing party in advance of the hearing may be submitted no later than 5 p.m. on the day that falls two regular business days before the hearing..

Structure of the Hearing

  • The order of hearing procedures is as follows:
    • Introductions and reading of the formal allegations by the chairperson
    • Opening statements
    • Questioning of the parties by the board
    • Cross-examination of the parties by primary advisors
    • Questioning by the board, and cross-examination by primary advisors, of each non-party witness
    • Closing statements
    • Deliberation by the board regarding responsibility
    • Impact statements from both parties, if the respondent has been found responsible
    • Deliberation by the board regarding a recommended sanction, if the respondent has been found responsible.

Examination of Parties and Witnesses

  • Members of the discrimination complaint review board, including the chairperson, will have the opportunity to question each party and each witness prior to cross-examination by the parties’ primary advisors.
  • Cross-examination at the hearing must be conducted directly, orally, and in real time by each party’s primary advisor, never by a party personally.
  • If a party does not have an advisor present at the live hearing, the chairperson may postpone the hearing with good cause or provide a new primary advisor to conduct cross-examination on behalf of the party whose advisor is not in attendance.
  • Only relevant questions and cross-examination may be asked of a party or witness. Questioning must conclude at the direction of the chairperson.
    • All questions are subject to restriction by the chairperson during the live hearing based on relevance and decorum.
    • The chairperson may restrict questions by primary advisors that are directed at parties or witnesses in a badgering manner.

Presence of Parties and Witnesses

  • If the respondent or complainant fails to appear at the hearing, then the board will proceed in that party's absence and will reach a decision on the evidence available. The board will be instructed not to draw any inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer questions or cross-examination. If the respondent or the complainant fails to appear, a College-trained advisor will conduct the absent party’s cross-examination of witnesses for the hearing.

Decisions

  • Within five (5) regular business days of the discrimination complaint review board hearing, written notification of the decision will be simultaneously communicated to the respondent, complainant, CHRO, and appropriate department head overseeing the unit in which the respondent is employed. Such written notice will include the findings of fact, the decision regarding responsibility and the rationale for the decision. The board will also provide a written recommendation on sanction, including its rationale.. The board’s decision on responsibility for the violation is binding on the department head.
  • The review board's recommendation for sanctions is not binding. The department head may consider additional factors including relevant discipline history. If the respondent is found responsible, the department head will then communicate the final outcome that includes the sanction determination to both parties within five regular business days of receiving the review board sanction recommendation.
  • All hearings will be recorded by the College for inspection and review by the parties. The recordings are confidential and are securely maintained by the Office of Human Resources. The recordings will be kept for seven (7) years after the conclusion of the hearing.

2.7.2.6 FINAL APPEAL FOR TITLE IX CASES

Standard of Review

If the complainant or respondent is not satisfied with the findings of the review board and/or the sanction(s) imposed by the department head, the complainant or respondent may submit a final appeal for review by the executive officer overseeing the division in which the respondent is assigned. The letter of appeal must be submitted to the Office of Human Resources in writing within 7 calendar days of the final outcome letter from the department head and must allege facts that fully demonstrate one or more of the following grounds:

  • The hearing was inconsistent with established procedures in a manner that materially affected the outcome.
  • The sanction imposed was not appropriate for the violation found to have occurred; or
  • New and relevant evidence is available that was not reasonably available at the time of the hearing and that could materially affect the outcome.
  • The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against respondents or complainants generally, or against the individual respondent or complainant, that affected the outcome.

Procedure for Appeal

  • The appealing party must submit their letter of appeal within seven (7) calendar days after the final outcome letter from the department head has been made available. Appeals submitted late will not be considered.
  • Once a letter of appeal has been submitted, a copy of the letter of appeal will be made available for review by the other party.
  • The non-appealing party will have three (3) regular business days to review the letter of appeal and submit a written response to the CHRO. Responses should address only the applicable grounds as stated above. Responses submitted late will not be considered.
  • The non-appealing party’s written response will be shared with the appealing party, however no further submissions will be accepted from either party.
  • All materials will be shared with the executive officer including the case file, the recording of the hearing, the decision, the written appeal and the written response to the appeal.

The final decision of the executive officer will be communicated to both the respondent and the complainant, simultaneously, within five (5) regular business days of the decision, and will include any new or amended sanction, if applicable.

2.7.3 GUIDELINES FOR RESOLVING DISCRIMINATION COMPLAINTS THAT ARE NOT SUBJECT TO TITLE IX

Complaints should be brought to the Office of Human Resources as soon as possible following emergence of the problem, preferably no longer than one year after the most recent incident. Any delay in the reporting of a violation of College policy could hamper a successful investigation and resolution of the problem. Complaints received after more than one year will be pursued only at the discretion of the Office of Human Resources.

Upon receipt of a complaint, the complaint resolution process will occur promptly and without unreasonable delay. Allegations of discrimination are extremely serious and involve highly sensitive issues. All parties involved in the resolution of a complaint are expected to treat information related to the allegations confidentially.

These resolution guidelines are intended to provide an opportunity for the internal hearing of complaints and resolution of problems. The procedures are not legal proceedings, and the parties may not bring legal counsel into any meetings or hearings, regardless of whether part of the informal or formal processes. Nothing herein precludes affected parties from seeking satisfaction through legal means outside of the College.

Interim Suspension. When an employee's continued presence may seriously and adversely affect the functioning of the College, jeopardize the safety or welfare of any person, or negatively impact the investigation process, the College may consider an immediate unpaid suspension of a respondent employee from campus housing (if a resident), or from all employment duties and all college programs and activities.

  • In such cases, written notification authorized by the executive officer overseeing the division (or designee) will be sent to the respondent to inform them of their immediate suspension of duties.
  • Interim suspensions of faculty members are subject to the “immediate suspension” procedures in 4.15.6.3. Interim suspensions of all other non-student employees are subject to the “investigatory leave of absence” procedures in 5.5.3

2.7.3.1 INFORMAL APPROACHES TO PROBLEM-SOLVING

Ithaca College encourages the parties involved in a discrimination complaint to engage in informal problem-solving approaches facilitated by the Office of Human Resources, when appropriate.

Informal approaches may involve independent college investigation, discussion of the problem with the alleged offender (individually or with the applicable supervisor), facilitated written agreement, or a facilitated conversation between the parties. In certain cases, the Office of Human Resources may recommend outside support.

The Office of Human Resources will prepare a summary memorandum to document the informal process. A copy of the memorandum will be provided to the complainant and the alleged offender. A copy will also be retained by the college, separate from the employees' personnel files. If any disciplinary action results from the informal process, it will be documented in the personnel file of the responsible employee.

If the Office of Human Resources determines that an informal approach is inappropriate, then the complaint may be addressed in accordance with formal resolution procedures. If Human Resources determines that a known policy violation can be adequately addressed without a complaint process, then disciplinary action may instead be issued in accordance with the procedures in Section 5.4 Problem Resolution Procedure and Section 5.5 Disciplinary Guidelines.

2.7.3.2 FORMAL DISCRIMINATION COMPLAINT PROCEDURES

2.7.3.2.1 General

The formal discrimination complaint procedures require a written complaint statement that specifies the nature of the problem, including the time, location, and description of the alleged discriminatory conduct. The complaint statement will be evaluated by the Office of Human Resources.

2.7.3.2.2 Investigatory Process

Once the Office of Human Resources has received a written complaint and determined that the matter will be addressed under formal resolution procedures, the Office of Human Resources will evaluate whether the written complaint alleges facts sufficient to constitute an applicable policy violation.

  • If Human Resources determines that an investigation based on the complaint will not be initiated, the complainant will be notified in writing of the dismissal and no further action will be taken. The complainant may appeal the dismissal by submitting a written appeal within 14 calendar days of the notification to the CHRO.
  • If Human Resources determines that an investigation based on the complaint will be initiated, the complainant and the respondent will be notified in writing. The notification will include a detailed summary of the allegations and will inform the respondent that the investigation is imminent and explain applicable College policies and the investigatory process.

2.7.3.2.3 Investigatory Determination

If, after investigation, the Office of Human Resources determines that there is insufficient evidence to conclude, by a preponderance of the evidence standard, that a violation has occurred, then it will notify the parties in writing.

If the Office of Human Resources determines, by a preponderance of the evidence standard, that a violation has occurred it will simultaneously notify the parties in writing. The notification to a complainant will generally not include information about sanctions against a respondent. Human Resources will provide a separate letter to the appropriate department head and vice president including the investigation outcome and recommending appropriate restorative, remedial, and/or disciplinary action. The department head will be responsible for the final disciplinary sanction determination, which may result in termination of employment.

If a complainant or respondent is not satisfied with the outcome of the investigatory process, either party may request an appeal through a Discrimination Complaint Appeal Board. The written appeal must be submitted to the Office of Human Resources in writing within 7 calendar days of the outcome letter. The written appeal must fully demonstrate one or both of the following:

  1. A procedural irregularity that materially affected the outcome
  2. New and relevant evidence that was not reasonably available at the time of the dismissal, which could have materially affected the outcome.
  3. The sanction imposed was not appropriate for the violation found to have occurred.

2.7.3.2.4 Establishment of a Discrimination Complaint Appeal Board

Each academic year the Office of Human Resources, in cooperation with staff council and faculty council, will select a pool of individuals to be available for appointment to a discrimination complaint appeal board.

Faculty members will be selected at the school level. Each school will send two names to the Office of Human Resources. Similarly, staff council will recruit and appoint 10 staff to the pool. Thus, the pool will consist of a total of 20 individuals.

The pool of appointees will receive training and information to be coordinated by the Office of Human Resources, Office of Legal Affairs, and the Title IX Office, on discrimination and applicable College policies and procedures. Appointees must complete the training to be eligible for appointment to an appeal board. Appointees will serve staggered three-year terms.

Following the receipt of the written appeal and confirmation that its stated grounds meet the requirements in this policy, the Office of Human Resources will select six individuals from the pool for possible appointment to an appeal board. When the respondent is a faculty member, efforts will be made to select faculty members as four of the six and staff members as the remaining two; when the respondent is a staff member, efforts will be made to select staff members as four of the six and faculty members as the remaining two.

The Office of Human Resources will appoint three individuals from the list to the appeal board. The three individuals will be selected based on schedule availability and a review of potential conflicts of interest. When a staff member is a respondent, efforts will be made to assign two staff members and one faculty member to the panel. When a faculty member is the respondent, efforts will be made to assign two faculty members and one staff member to the panel.

2.7.3.2.5 Appeal Board Review

The charge to the appeal board is to evaluate the investigatory process and determination within the scope of the applicable grounds as stated above.

Once a written appeal has been submitted, a copy will be made available to the other party for their review. The non-appealing party will have 7 (seven) calendar days to review the written appeal and submit a written response to the Chief Human Resources Officer (or designee). Responses should address only the applicable grounds as stated above. Responses submitted late will not be considered.

The appellate review will be completed within 14 (fourteen) calendar days of receipt of the written appeal, unless the Office of Human Resources deems that more time for deliberation is necessary.

In preparation for the appeal board’s review, the complainant and respondent may provide the Office of Human Resources with the names and contact information of each witness they wish to be contacted to provide additional information for the appeal board’s review, along with a brief explanation of why their statement is necessary.

The Office of Human Resources will convene the appeal board to provide the board with background information, including any actions taken to date relative to the allegations, a copy of the written complaint statement, any written response statement from the respondent, the summary memorandum from any informal action that occurred, the prior investigatory outcome letter(s), and list of all potential witnesses identified during the investigatory ad appeal processes.

2.7.3.2.6 Decision from the Appeal

After reviewing the materials provided by the Office of Human Resources, the appeal board will meet in closed session to determine whether any of the above grounds for appeal have been met. If the board determines that an inappropriate sanction or disciplinary action has been issued, then the board will make a new recommendation on sanction. If the board determines that any other grounds have been met, then the board will decide, by a preponderance of evidence standard, whether the respondent is responsible for the alleged policy violation(s).

The appeal board's determination by simple majority. Only the three board members will be present for the closed session, however, the Office of Human Resources will be available to the board to answer any questions and provide guidance as needed. The appeal board will first report its determinations regarding the responsibility for any policy violations to the Office of Human Resources, then consult with Human Resources about potential sanctions prior to making a recommendation.

At the conclusion of the appeal board review, the board will report its determinations, including any recommended sanction or disciplinary action, in an outcome letter to all parties, with a copy to the Office of Human Resources and to each executive officer overseeing the division in which a respondent is employed. The appeal board's decision regarding whether a policy violation has occurred is binding on the executive officer.

The appeal board's recommendation for sanction or disciplinary action is not binding. Should the executive officer determine that the recommended sanctions are inappropriate, the executive officer will meet with the appeal board and explain their rationale. The executive officer will then communicate the decision regarding the sanction or disciplinary action to all parties within five regular business days of the executive officer's meeting with the appeal board. The decision of the executive officer is final.

Last Updated: August 24, 2026