Title: Prohibition of Sex Discrimination under Title IX
Number: AP 4.10
Adopted: July 2024
Reviewed:
Revised:
These procedures are only applicable to alleged incidents of sex discrimination (including sex-based harassment) occurring on or after August 1, 2024. For alleged incidents of sex discrimination or sexual harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident will apply. Applicable versions of those policies and procedures can be obtained from the Title IX Coordinator.
Nicolet College is committed to providing an academic and work environment free of unlawful sex discrimination, including sex-based harassment, under Title IX. This procedure defines sex discrimination and sex-based harassment.
This procedure and the related policy protect students, employees, applicants for admission or employment, and other individuals participating or attempting to participate in Nicolet College’s education program or activity.
Definitions
Sex Discrimination: Any discrimination based on sex, including, but not limited to, sex-based harassment. Sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Sex-Based Harassment under Title IX: A form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity. Sex-based harassment includes the following:
· Quid pro quo harassment: A Nicolet College employee, agent, or other person authorized by Nicolet College to provide an aid, benefit, or service under Nicolet College’s education program or activity explicitly or impliedly condition the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
· Hostile environment harassment: Unwelcome sex-based conduct that, based on a totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Nicolet College’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
o The degree to which the conduct affected the Complainant’s ability to access Nicolet College’s education program or activity;
o The type, frequency, and duration of the conduct;
o The parties’ ages, roles within the Nicolet College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
o The location of the conduct and the context in which the conduct occurred; and
o Other sex-based harassment in the Nicolet College’s education program or activity;
· Specific Offenses.
· Sexual Assault: An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
· Dating violence: Violence committed by a person
o who is or has been in a social relationship of a romantic or intimate nature with the victim, and
o where the existence of such a relationship will be determined based on a consideration of the following factors:
§ the length of the relationship,
§ the type of relationship, and
§ the frequency of interaction between the persons involved in the relationship.
· Domestic Violence: Felony or misdemeanor crimes committed by a person who:
· Is a current or former spouse or intimate partner of the victim;
o Is a person with whom the victim shares a child in common;
o Is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
o Is a person similarly situated to a spouse of the victim under the domestic or family violence laws of WI; or
o Is any other person who commits acts against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of WI.
· Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
· fear for his/her/their safety or the safety of others; or
· suffer substantial emotional distress.
Responding to Sex Discrimination under Title IX
Nicolet College encourages members of the Nicolet College community to report sex discrimination including sex-based harassment. This procedure only applies to conduct defined as sex discrimination under Title IX and applicable federal regulations and that meets Title IX jurisdictional requirements. Nicolet College will respond to sex discrimination including sex-based harassment that falls outside that definition and outside the jurisdiction of the Title IX federal regulations using State law and applicable
Nicolet College policies and procedures. In implementing these procedures discussed below, Nicolet College will also provide supportive measures, training, and resources in compliance with applicable law.
Title IX Coordinator
Questions concerning Title IX may be referred to Nicolet College’s Title IX Coordinator, whose contact information is below:
Human Resources Director/Title IX Coordinator
5364 College Dr
PO Box 518
Rhinelander, WI 54501
715-365-4928
ADA-504-Employee@nicoletcollege.edu
As appropriate, the Title IX Coordinator may delegate specific duties to one of more designees.
The Title IX Coordinator is required to respond to reports of sex discrimination including sex-based harassment. The Title IX Coordinator will handle information received with the utmost discretion and will share information with others on a need-to-know basis. For example, the Title IX Coordinator may need to address public safety concerns on campus, comply with State and federal legal requirements, or share information to implement supportive measures.
A report of sex discrimination including sex-based harassment to the Title IX Coordinator does not necessarily lead to a full investigation, as discussed more fully below. However, the Title IX Coordinator will evaluate a Complaint to determine whether to investigate a Complaint pursuant to these procedures.
Jurisdictional Requirements – Application of Procedures
These procedures apply if the conduct meets the following jurisdictional requirements:
· The conduct took place in the United States;
· The conduct meets the definition of Title IX sex discrimination (including sex-based harassment); and
· The conduct took place in a Nicolet College “education program or activity.” This includes (but is not limited to) conduct that occurs in locations, events, or circumstances over which Nicolet College exercised substantial control over both the Respondent and the context in which the harassment occurred, including on-campus and off-campus property and buildings Nicolet College owns or controls or student organizations officially recognized by Nicolet College. It also includes conduct that is subject to Nicolet College’s disciplinary authority; or
· The conduct contributes to a hostile environment in Nicolet College’s education program or activity in the United States.
Definitions
Advisor: Throughout the grievance process, both the Complainant and Respondent have a right to an Advisor of their choice. Nicolet College may establish restrictions regarding the extent to which the Advisor may participate in the proceedings as long as the restrictions apply equally to both Parties and are consistent with Title IX.
Parties have the right to consult with an attorney, at his/her/their own expense, at any stage of the grievance process if he/she/they wishes to do so. An attorney may serve as an advisor.
Complainant: A Complainant is (1) A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or (2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in Nicolet College’s education program or activity at the time of the alleged sex discrimination.
Complaint: An oral or written request to the recipient that objectively can be understood as a request for Nicolet College to investigate and make a determination about alleged discrimination under Title IX or its regulations.
Consent: Words or overt actions by a person who is competent to give informed consent indicating a freely given agreement.
Decision-Maker: The person(s) who will question the parties and witnesses and make a determination of whether sex discrimination occurred. Nicolet College may have one Decision-Maker determine whether the Respondent is responsible for sex discrimination and another Decision-Maker determine the appropriate level of disciplinary sanctions for the conduct.
Disciplinary Sanctions: Consequences imposed on a Respondent following a determination under Title IX or its regulations that the Respondent violated Nicolet College’s prohibition on sex discrimination.
Parties: As used in this procedure, this means the Complainant and Respondent.
Relevant: Means related to the allegations of sex discrimination under investigation as part of these grievance procedures. Questions are relevant when the question seeks evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a Decision-Maker in determining whether the alleged sex discrimination occurred.
Remedies: Measures provided, as appropriate, to a complainant or any other person Nicolet College identifies as having had their equal access to Nicolet College’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to Nicolet College’s education program or activity after Nicolet College determines that sex discrimination occurred.
Respondent: A Respondent is a person who is alleged to have violated Nicolet College’s prohibition on sex discrimination.
Retaliation: Intimidation, threats, coercion, or discrimination against any person by Nicolet College, a student, or an employee or other person authorized by Nicolet College to provide aid, benefit, or service under Nicolet College’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, informal resolution, or hearing under the Title IX regulations.
Sex-based harassment under Title IX: A form of sex discrimination. Sex-based harassment includes sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity that satisfies one or more of the following:
· Quid pro quo harassment. An employee, agent, or other person authorized by Nicolet College to provide an aid, benefit, or service under Nicolet College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
· Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Nicolet College’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
· The degree to which the conduct affected the Complainant’s ability to access Nicolet College’s education program or activity;
· The type, frequency, and duration of the conduct;
· The parties’ ages, roles within Nicolet College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
· The location of the conduct and the context in which the conduct occurred; and
· Other sex-based harassment in Nicolet College’s education program or activity;
· Specific offenses.
· Sexual Assault. An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation
· Dating violence. Violence committed by a person
· who is or has been in a social relationship of a romantic or intimate nature with the victim, and
· where the existence of a relationship will be determined based on a consideration of the following factors:
§ the length of the relationship,
§ the type of relationship, and
§ the frequency of interaction between the persons involved in the relationship.
· Domestic Violence. Felony or misdemeanor crimes committed by a person who:
§ is a current or former spouse or intimate partner of the victim;
§ is a person with whom the victim shares a child in common;
§ Is a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
§ is a person similarly situated to a spouse of the victim under the domestic or family violence laws of WI; or
§ is any other person who commits acts against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of the State of WI.
· Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
§ fear for his/her/their safety or the safety of others or
§ suffer substantial emotional distress.
Supportive measures: Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:
· Restore or preserve that party’s access to Nicolet College’s education program or activity, including measures that are designed to protect the safety of the parties or Nicolet College’s educational environment; or
· Provide support during Nicolet College’s grievance procedures or during an informal resolution process.
Employee Response Obligations
All employees who have information about conduct that reasonably may constitute sex discrimination under Title IX or its regulations must:
· Notify the Title IX Coordinator
· Provide the contact information of the Title IX Coordinator and information about how to make a complaint of sex discrimination to any person who provides the
employee with information about conduct that may reasonably constitute sex discrimination under Title IX or its regulations.
Grievance Procedures for Complaints of Sex Discrimination and Sex-Based Harassment under Title IX
Reporting Sex Discrimination and/or Sex Harassment Under Title IX
Complaints may be reported to the Title IX Coordinator at 715-365-4928 or by email at ADA-504-Employee@nicoletcollege.edu
Who May File a Complaint
The following people have a right to make a Complaint of sex discrimination, including Complaints of sex-based harassment, requesting that Nicolet College investigate and make a determination about alleged discrimination under Title IX:
· A Complainant;
· A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or
· The Title IX Coordinator.
With respect to Complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a Complaint:
· Any student or employee of Nicolet College; or
· Any person other than a student or employee who was participating or attempting to participate in Nicolet College’s education program or activity at the time of the alleged sex discrimination.
Consolidation of Complaints
Nicolet College may consolidate Complaints of sex discrimination or sex-based harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination or sex-based harassment arise out of the same facts or circumstances. If one of the Complaints that will be consolidated is a Complaint of sex-based harassment involving a student party, the grievance procedures for sex-based harassment involving a student party will apply. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.
Dismissal of a Complaint
Nicolet College may dismiss a Complaint of sex discrimination or sex-based harassment involving student parties for any of the following reasons:
· Nicolet College is unable to identify the Respondent after taking reasonable steps to do so;
· The Respondent is not participating in Nicolet College’s education program or activity and is not employed by Nicolet College;
· The Complainant voluntarily withdraws in writing any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint, and the Title IX Coordinator determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute sex discrimination under Title IX or its regulations even if proven; or
· Nicolet College determines the conduct alleged in the Complaint, even if proven, would not constitute sex discrimination under Title IX or its regulations. Before dismissing the Complaint, Nicolet College will make reasonable efforts to clarify the allegations with the Complainant.
Upon dismissal, Nicolet College will promptly notify the Complainant in writing of the basis for the dismissal and that the dismissal may be appealed. If the dismissal occurs after the Respondent has been notified of the allegations, then Nicolet College will notify the Parties of the dismissal, the basis for the dismissal, and that the dismissal may be appealed simultaneously in writing.
The procedures governing appeals of dismissed Complaints are addressed below under “Appeal of Determinations and Dismissals.”
If a Complaint is dismissed, Nicolet College will offer Supportive Measures to the Complainant and/or Respondent as appropriate.
Nicolet College may commence proceedings under other policies and procedures after dismissing a Complaint. Moreover, the Title IX Coordinator will take other prompt and effective steps to ensure sex discrimination does not continue to recur.
Emergency Removal
Nicolet College may remove a non-employee Respondent from Nicolet College’s education program or activity on an emergency basis after it conducts an individualized safety and risk analysis and determines that an imminent and serious threat to the health or safety of a complainant or any students, employees, or other individual arising from the allegations of sex discrimination justifies removal.
Nicolet College’s Manager of Risk, Compliance, and Safety designee will conduct the individualized safety and risk analysis.
If the Manager of Risk, Compliance, and Safety determines emergency removal is appropriate, he/she/they or designee will provide the person Nicolet College is removing from campus on an emergency basis with a notice and opportunity to attend a meeting and challenge the basis of his/her/their removal. The Manager of Risk, Compliance, and Safety or designee will determine whether the emergency removal from campus order is warranted after considering information provided by the Respondent challenging the emergency removal.
Administrative Leave or Suspension
Nicolet College may place an employee Respondent on leave during the pendency of a grievance process described below. Nicolet College will follow any relevant policies, procedures, collective bargaining agreements, or State law in placing an employee on administrative leave or suspension.
Key Requirements of Title IX Grievance Procedures for Complaints of Sex Discrimination
(For Complaints of sex-based harassment involving students, see the section entitled, “Grievance Procedures for Complaints of Sex-Based Harassment Involving Student Parties,” which incorporates these procedures in addition to other procedures)
Nicolet College will treat complainants and respondents equitably.
Further, Nicolet College requires that any Title IX Coordinator, investigator, or decision-maker not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent. As long as there is no conflict of interest or bias, a decision-maker may be the same person as the Title IX Coordinator or investigator.
Nicolet College presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.
Timeframes and Extensions
Nicolet College has established the following reasonably prompt timeframes for the major stages of the grievance procedures:
· Complaint evaluation: Nicolet College will determine whether to dismiss or investigate a Complaint within 10 business days.
· Complaint investigation: The Nicolet College will complete an adequate, reliable, and impartial investigation of Complaints within 90 calendar days.
· Questioning the Parties and Witnesses: Nicolet College will complete the process that enables the Decision-Maker to question the Parties and Witnesses no later than 30 calendar days after the date that the investigation concludes.
· Determination Whether Sex Discrimination Occurred: Nicolet College will issue a written determination whether sex discrimination occurred no later than 30 calendar days after the date that the Decision-Maker completes the process that enables the Decision-Maker to question the Parties and Witnesses.
· Appeal (if any): A Complainant or Respondent may submit a written appeal no later than 10 business days from the date of the notice of determination whether sex discrimination occurred or from the date of Nicolet College’s notice of dismissal of a Complaint or any allegations. If a Complainant or Respondent submits an appeal to Nicolet College, Nicolet College will notify the other Party in writing within 5 business days of receiving a Party’s appeal and allow the non-appealing Parties at least 10 business days from the date of receipt of the appeal to submit a written statement in support of, or challenging, the outcome. The appeal Decision-Maker will issue a written decision on whether to grant or deny the appeal, and the rationale for the decision, within 45 business days after the
Decision-Maker on appeal receives the response to the appeal or the last day to provide a response.
When appropriate, the Title IX Coordinator may determine that good cause exists to extend the timeline(s) identified directly above to conduct a fair and complete investigation, to accommodate an investigation by law enforcement, to accommodate the unavailability of witnesses or delays by the Parties, to account for Nicolet College breaks or vacations, or due to the complexity of the investigation. Nicolet College will provide notice of this extension to the Parties in writing and include the reason for the delay and anticipated timing of completion.
A Party may request an extension from the Title IX Coordinator in writing by explaining the reason for the delay and the length of the continuance requested. The Title IX Coordinator will notify the Parties and document the grant or denial of a request for extension or delay as part of the case recordkeeping.
Privacy
Nicolet College will take reasonable steps to protect the privacy of the Parties and Witnesses during its grievance procedures. These steps will not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The Parties cannot engage in retaliation, including against Witnesses.
Evidence
Nicolet College will objectively evaluate all evidence that is relevant and otherwise permissible evidence, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by Nicolet College to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether the evidence or question is relevant:
· Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
· A Party’s or Witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or Witness, unless Nicolet College obtains that Party’s or Witness’s voluntary, written consent for use in its grievance procedures; and
· Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct
with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.
Written Notice of Allegations
Upon initiation of these grievance procedures, Nicolet College will notify the Parties whose identities are known of the following with sufficient time for the Parties to prepare a response before any initial interview:
· Nicolet College’s Title IX grievance procedures and any informal resolution process.
· Sufficient information available at the time to allow the Parties to respond to the allegations, including the identities of the Parties involved in the incident(s), the conduct alleged to constitute sex discrimination under Title IX or its regulations, and the date(s) and location(s) of the alleged incident(s) to the extent the information is available to Nicolet College;
· That retaliation is prohibited; and
· The Parties are entitled to an equal opportunity to access the relevant and otherwise permissible evidence or an accurate description of this evidence. The Parties are entitled to an equal opportunity to access the relevant and otherwise permissible evidence upon the request of any party.
If, in the course of an investigation, Nicolet College decides to investigate allegations of sex discrimination by the Respondent toward the Complainant that are not included in the written notice provided or that are included in a consolidated Complaint, Nicolet College will provide notice of the additional allegations to the Parties.
Role of Advisor
The role of the Advisor is to provide support and assistance in understanding and navigating the grievance process.
The Advisor may not obstruct an interview or disrupt the process. The Title IX Coordinator has the right to determine what constitutes appropriate behavior of an Advisor and take reasonable steps to ensure compliance with this procedure.
Confidentiality Agreements
To protect the privacy of those involved, the Parties and Advisors are required to sign a confidentiality agreement prior to attending an interview or otherwise participating in Nicolet College’s grievance process. The confidentiality agreement restricts unauthorized disclosure of information and evidence obtained solely through the grievance procedure. The confidentiality agreement will not restrict the ability of either Party to discuss the allegations under investigation.
Investigation
Nicolet College will provide for adequate, reliable, and impartial investigation of Complaints.
Burden of Gathering Evidence
The burden is on Nicolet College—not on the Parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.
Equal Opportunity to Present Witnesses and Evidence
Nicolet College will provide an equal opportunity for the Parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and otherwise permissible.
Review of and Access to Evidence
Nicolet College will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.
Nicolet College will provide each Party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and otherwise permissible, in the following manner:
· Nicolet College will provide an equal opportunity to access either the relevant and otherwise permissible evidence, or an accurate description of this evidence. Nicolet College will provide the Parties with an equal opportunity to access the relevant and otherwise permissible evidence upon the request of any Party;
· Nicolet College will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
· Nicolet College will take reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through these grievance procedures. However, disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the Complaint of sex discrimination are authorized.
Questioning the Parties and Witnesses
Nicolet College will provide a process that enables the Decision-Maker to question Parties and Witnesses to adequately assess a Party’s or Witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.
Nicolet College will use the following steps to complete this process: The Decision-Maker will request each Party’s participation in individual meetings to question the Party and invite both Parties to submit questions for the Decision-Maker’s consideration when meeting with the other Party. The Decision-Maker will schedule and conduct separate meetings with the Parties. The meetings will be in-person or with technology enabling the Party and Decision-Maker to see and hear each other in real time. During each meeting, the Decision-Maker will ask questions of the Party and allow the Party to comment on the evidence collected during the investigation. The Decision-Maker may meet with a Party more than once, based on the Decision-Maker’s judgment. The Decision-maker will meet with other witnesses, if needed based on the Decision-Maker’s judgment.
Determination Whether Sex Discrimination Occurred
Following an investigation and evaluation of all relevant and otherwise permissible evidence, Nicolet College will:
· Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the Decision-Maker to evaluate relevant and otherwise permissible evidence for its persuasiveness. If the Decision-Maker is not persuaded by a preponderance of the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the Decision-Maker will not determine that sex discrimination occurred.
· Notify the Parties simultaneously in writing of the determination whether sex discrimination occurred under Title IX or its regulations including the rationale for such determination, and the procedures and permissible bases for the Complainant and Respondent to appeal.
· Not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the Respondent engaged in prohibited sex discrimination.
· If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
o Coordinate the provision and implementation of remedies to the Complainant and other people Nicolet College identifies as having had equal access to Nicolet College’s education program or activity limited or denied by sex discrimination;
o Coordinate the imposition of any disciplinary sanctions on the Respondent, including notification to the Complainant of any such disciplinary sanctions; and
o Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Nicolet College education program or activity.
· Nicolet College complies with all procedures outlined in this policy and the Title IX regulations before imposing any disciplinary sanctions against the Respondent; and
· Nicolet College will not discipline a Party, Witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.
Supportive Measures
Nicolet College will offer and coordinate supportive measures as appropriate for the Complainant and Respondent to restore or preserve that person’s access to Nicolet College ’s education program or activity or provide support during Nicolet College’s Title IX grievance procedures or during the informal resolution process. For complaints of sex-based harassment, these supportive measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more Parties; leaves of absence; changes in class, work, or extracurricular or any other activity, regardless of whether there is a comparable alternative; and training and education programs related to sex-based harassment.
Nicolet College provides each Party 3 (three) days to seek modification or reversal of Nicolet College’s decision to provide, deny, modify, or terminate supportive measures applicable to that party. An impartial employee who did not make the supportive measure decision will evaluate the challenged supportive measure and determine whether the decision was inconsistent with the definition of “Supportive Measures.” If the decision is consistent with the definition of “Supportive Measures,” the impartial employee has the authority to modify or reverse the decision.
Nicolet College will provide each Party with the opportunity to seek additional modification or termination of a supportive measure applicable to that party if circumstances materially change.
Procedures governing appeals of determinations of sex-based discrimination are below under “Appeal of Determinations and Dismissals.”
Grievance Procedures for Complaints of Sex-Based Harassment Involving Student Parties
(For complaints of sex discrimination not including sex-based harassment involving students or complaints of sex-based harassment not involving students, see the preceding section entitled, “Grievance Procedures for Complaints of Sex Discrimination under Title IX.”) Nicolet College has adopted the following Title IX grievance procedures that provide for the prompt and equitable resolution of complaints of sex-based harassment involving a student complainant(s) or a student respondent(s).
Who May File a Complaint
The following people have a right to make a Complaint of sex-based harassment, requesting that Nicolet College investigate and make a determination about alleged sex-based harassment under Title IX:
· A “complainant,” which includes:
o A student or employee of Nicolet College who is alleged to have been subjected to conduct that could constitute sex–based harassment under Title IX; or
o A person other than a student or employee of Nicolet College who is alleged to have been subjected to conduct that could constitute sex-based harassment under Title IX at a time when that individual was participating or attempting to participate in Nicolet College’s education program or activity;
· A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or
· The Title IX Coordinator.
Note that a person is entitled to make a Complaint of sex-based harassment only if he/she/they is alleged to have been subjected to the sex-based harassment, if he/she/they has a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a Complaint consistent with Title IX regulations.
Key Requirements of Title IX Grievance Procedures for Complaints of Sex-Based Harassment Involving Student Parties
The Title IX Grievance Procedures for Complaints of Sex-Based Harassment involving student parties incorporate the above-outlined procedures for Complaints of Sex-Based Discrimination. As such, Nicolet College treats complainants and respondents equitably; requires that any Title IX Coordinator, investigator, or decision-maker not have a conflict of interest or bias; and presumes that the Respondent is not responsible for the alleged sex -based harassment until a determination is made at the conclusion of its grievance procedures.
The following additional procedures are in addition to the Grievance Procedures for sex discrimination and apply for Complaints of Sex-Based Harassment involving Student Parties.
Timeframes and Extensions
Nicolet College has established the following reasonably prompt timeframes for the major stages of the grievance procedures for sex-based harassment involving a student party:
· Complaint evaluation: Nicolet College will determine whether to dismiss or investigate a Complaint within 10 business days.
· Complaint investigation: Nicolet College will complete an adequate, reliable, and impartial investigation of Complaints within 90 calendar days.
· Questioning the Parties and Witnesses: Nicolet College will complete the process that enables the Decision-Maker to question the Parties and Witnesses no later than 30 calendar days after the date that the investigation concludes.
· Determination Whether Sex-Based Harassment Occurred: Nicolet College will issue a written determination whether sex-based harassment occurred no later than 20 business days after the date that the Decision-Maker completes the process that enables the Decision-Maker to question the Parties and Witnesses.
· Appeal (if any): A Complainant or Respondent may submit a written appeal no later than 10 business days from the date of the notice of determination whether sex-based harassment occurred or from the date of Nicolet College’s notice of dismissal of a Complaint or any allegations. If a Complainant or Respondent submits an appeal to Nicolet College, Nicolet College will notify the other Party in writing within 5 business days of receiving a Party’s appeal and allow the non-appealing Parties at least 10 business days from the date of receipt of the appeal to submit a written statement in support of, or challenging, the outcome. The appeal Decision-Maker will issue a written decision on whether to grant or deny the appeal, and the rationale for the decision, within 45 business days after the Decision-Maker on appeal receives the response to the appeal or the last day to provide a response.
When appropriate, the Title IX Coordinator may determine that good cause exists to extend the timeline(s) identified in the preceding paragraph to conduct a fair and complete investigation, to accommodate an investigation by law enforcement, to accommodate the unavailability of witnesses or delays by the Parties, to account for Nicolet College breaks or vacations, or due to the complexity of the investigation.
Nicolet College will provide notice of this extension to the Parties in writing and include the reason for the delay and anticipated timing of completion.
A Party may request an extension from the Title IX Coordinator in writing by explaining the reason for the delay and the length of the continuance requested. The Title IX Coordinator will notify the Parties and document the grant or denial of a request for extension or delay as part of the case recordkeeping.
Written Notice of Allegations
Upon initiation of these Title IX grievance procedures, Nicolet College will notify the Parties, whose identities are known, in writing of the information required above for sex discrimination complaints and the following with sufficient time for the parties to prepare a response before any initial interview:
· The Respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the Parties will have an opportunity to present relevant and otherwise permissible evidence to a trained, impartial decision-maker;
· The Parties may have an Advisor of their choice who may be, but is not required to be, an attorney;
· The Parties are entitled to an equal opportunity to access the relevant and otherwise permissible evidence or an investigative report that accurately summarizes this evidence. The Parties are entitled to an equal opportunity to access the relevant and permissible evidence upon the request of any Party; and
· Nicolet College’s Code of Conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance procedures.
If, in the course of an investigation, Nicolet College decides to investigate additional allegations of sex-based harassment by the Respondent toward the Complainant that are not included in the written notice or that are included in a consolidated Complaint, Nicolet College will provide written notice of the additional allegations to the Parties whose identities are known.
If Nicolet College has reasonable concerns for the safety of any person as the result of it providing the required written notice, it may reasonably delay providing notice of the allegations in order to first address its safety concern(s) appropriately.
As described in the section addressing the sex discrimination grievance procedures, Nicolet College may dismiss a Complaint of sex-based harassment involving student parties for the reasons identified above.
Investigation
Like its procedures for sex discrimination Complaints, Nicolet College will provide for adequate, reliable, and impartial investigation of sex-based harassment Complaints.
Burden of Gathering Evidence
The burden is on Nicolet College - not on the Parties - to conduct an investigation that gathers sufficient evidence to determine whether sex-based harassment occurred.
Participation
Nicolet College will provide to a Party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the Party to prepare to participate. Nicolet College will provide the Parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.
Nicolet College will not limit the choice or presence of the advisor for the Complainant or Respondent in any meeting or proceeding. However, Nicolet College may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the Parties.
Nicolet College will provide the Parties with the same opportunities, if any, to have people other than the advisor of the Party’s choice present during any meeting or proceeding involving the Party.
Opportunity to Present Witnesses and Evidence
Nicolet College will provide an equal opportunity for the Parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and otherwise permissible. Nicolet College has discretion to determine whether the Parties may present expert witnesses and its determination will apply equally to the Parties.
Evidence
Nicolet College will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is permissible regardless of relevance.
Nicolet College will provide each Party and the Party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and otherwise permissible, in the following manner:
· Nicolet College will provide an equal opportunity to access either the relevant and otherwise permissible evidence, or the same written investigative report that accurately summarizes this evidence. Nicolet College will further provide the Parties with an equal opportunity to access the relevant and otherwise permissible evidence upon the request of any Party.
· Nicolet College will provide the Parties with a reasonable opportunity to review and respond to the evidence or the investigative report.
· Nicolet College will take reasonable steps to prevent and address the Parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures. However, disclosures for purposes of any administrative proceedings or litigation related to the Complaint are permissible.
Questioning the Parties and Witnesses
Nicolet College will provide a process that enables the Decision-Maker to question Parties and Witnesses to adequately assess a Party’s or Witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment.
Nicolet College’s process for proposing and asking relevant and otherwise permissible questions and follow-up questions of the Parties and Witnesses, including questions challenging credibility, will comply with the following requirements:
· Allow the Investigator or Decision-Maker to ask such questions during individual meetings with a Party or Witness;
· Allow each Party to propose such questions that the Party wants asked of any Party or Witness and have those questions asked by the Investigator or Decision-Maker during one or more individual meetings, including follow-up meetings, with a Party or Witness, subject to the procedures for evaluating and limiting questions discussed below; and
· Provide each Party with an audio or audiovisual recording or transcript with enough time for the Party to have a reasonable opportunity to propose follow-up questions.
Nicolet College’s process for proposing and asking relevant and otherwise permissible questions and follow-up questions of Parties and Witnesses, including questions challenging credibility, will allow the Decision-Maker to ask such questions, and either:
· Allow each Party to propose such questions that the Party wants asked of any Party or Witness and have those questions asked by the Decision-Maker, subject to the procedures for evaluating and limiting questions discussed below; or
· Allow each Party’s advisor to ask any Party or Witness such questions, subject to the procedures for evaluating and limiting questions discussed below. Such questioning will never be conducted by a Party personally. If Nicolet College permits advisor-conducted questioning and a Party does not have an advisor to ask questions on their behalf, Nicolet College will provide the Party with an advisor of Nicolet College’s choice, without charge to the Party, for the purpose of advisor-conducted questioning.
Procedures for the Decision-Maker to evaluate the questions and limitations on questions
The Decision-Maker will determine whether a proposed question is relevant and otherwise permissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the Party or Witness being questioned will not be permitted. The Decision-Maker will give a Party an opportunity to clarify or revise a question that the Decision-Maker determines is unclear or harassing. If the Party sufficiently clarifies or revises the question, the question will be asked.
Procedures for a Party’s refusal to respond to questions and inferences based on refusal to respond to questions
The Decision-Maker may choose to place less or no weight upon statements by a Party or Witness who refuses to respond to questions deemed relevant and permissible. The
Decision-Maker will not draw an inference about whether sex-based harassment occurred based solely on a Party’s or Witness’s refusal to respond to such questions.
Determination Whether Sex-Based Harassment Occurred
Following an investigation and evaluation of all relevant and otherwise permissible evidence, Nicolet College will:
· Use the preponderance of the evidence standard of proof to determine whether sex–based harassment occurred. The standard of proof requires the Decision-Maker to evaluate relevant and otherwise permissible evidence for its persuasiveness. If the Decision-Maker is not persuaded by a preponderance of the evidence that sex-based harassment occurred, whatever the quantity of the evidence is, the Decision-Maker will not determine that sex–based harassment occurred.
· Notify the Parties simultaneously in writing of the determination whether sex-based harassment occurred under Title IX including:
o A description of the alleged sex-based harassment;
o Information about the policies and procedures that Nicolet College used to evaluate the allegations;
o The Decision-Maker’s evaluation of the relevant and otherwise permissible evidence and determination whether sex-based harassment occurred;
o When the Decision-Maker finds that sex-based harassment occurred, any disciplinary sanctions Nicolet College will impose on the Respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by Nicolet College to the Complainant, and, to the extent appropriate, other students identified by Nicolet College to be experiencing the effects of the sex-based harassment; and
o Nicolet College’s procedures and permissible bases for the Complainant and Respondent to appeal.
· Nicolet College will not impose discipline on the Respondent for sex-based harassment prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the Respondent engaged in prohibited sex-based harassment.
· If there is a determination that sex-based harassment occurred, as appropriate, the Title IX Coordinator will:
o Coordinate the provision and implementation of remedies to the Complainant and other people Nicolet College identifies as having had equal access to Nicolet College’s education program or activity limited or denied by sex-based harassment;
o Coordinate the imposition of any disciplinary sanctions on the Respondent, including notification to the Complainant of any such disciplinary sanctions; and
o Take other appropriate prompt and effective steps to ensure that sex-based harassment does not continue or recur within Nicolet College’s education program or activity.
· Comply with the Title IX grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
· Not discipline a Party, Witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex-based harassment occurred.
The determination regarding responsibility becomes final either on the date that Nicolet College provides the Parties with the written determination of the result of any appeal, or, if no Party appeals, the date on which an appeal would no longer be considered timely.
The procedures governing appeals are below under “Appeal of Determinations and Dismissals.”
Informal Resolution
In lieu of resolving a Complaint through Nicolet College’s Title IX grievance procedures, the Parties may instead elect to participate in an informal resolution process. Nicolet College will not offer informal resolution to resolve a Complaint when such a process would conflict with Federal, State, or local law.
Nicolet College will inform the Parties in writing of any informal resolution process it offers and determines is appropriate, if any. The College must obtain the Parties’ voluntary, written consent to the informal resolution process. Before the initiation of an informal resolution process, Nicolet College will explain in writing to the parties:
· The allegations;
· The requirements of the informal resolution process;
· That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
· That if the Parties agree to a resolution at the end of the informal resolution process, the Parties cannot initiate or resume grievance procedures arising from the same allegations;
· The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
· What information Nicolet College will maintain and whether and how Nicolet College could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.
Disciplinary Sanctions and Remedies:
Following a determination that sex discrimination or sex-based harassment occurred, Nicolet College may impose disciplinary sanctions or any other actions that are not supportive measures against the Respondent. The action will be prompt, effective, and commensurate with the severity of the offense.
Possible disciplinary sanctions for student respondents include written or verbal reprimand, required training or counseling, non-academic probation, suspension, and expulsion. Possible disciplinary sanctions for employee respondents include written or verbal reprimand, required training or counseling, reduction in pay, demotion, suspension, or discharge.
Nicolet College may also provide remedies, which may include, but are not limited to:
· Providing an escort to ensure that the Complainant can move safely between classes and activities;
· Ensuring that the Complainant and Respondent do not attend the same classes or work in the same work area;
· Providing counseling services or a referral to counseling services;
· Providing a referral to medical services;
· Providing academic support services, such as tutoring;
· Arranging for a Complainant, if a student, to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the Complainant’s academic record; and
· Reviewing any disciplinary actions taken against the Complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the Complainant’s discipline.
Appeal of Determinations and Dismissals
Nicolet College offers the following process for appeals from a determination whether sex discrimination or sex-based harassment occurred and from the dismissal of a complaint or any allegations therein. A Party must submit their appeal no later than 10 days from the date of Nicolet College’s notice of the determination or notice of dismissal and the appeal must be based on one or more of the following bases:
· Procedural irregularity that would change the outcome;
· New evidence that would change the outcome and that was not reasonably available the determination or dismissal was made; and
· The Title IX Coordinator, Investigator, or Decision-Maker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.
If a Party appeals the determination or dismissal, Nicolet College will:
· Notify the Parties of any appeal within 5 days of receiving the Party’s appeal;
· If notice was not previously provided to the Respondent in the case of a dismissed Complaint, the notice of appeal will include notice of the allegations
· Allow the non-appealing Party at least 10 days from the date of receipt of the appeal to submit a written statement in support of, or challenging, the determination;
· Implement appeal procedures equally for the Parties;
· Ensure that the Decision-Maker for the appeal did not take part in an investigation of the allegations or dismissal of the Complaint;
· Ensure that the Decision-Maker for the appeal has been trained consistent with the Title IX regulations; and
· Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome;
· Notify the Parties of the result of the appeal and the rationale for the result within 45 business days after the Decision-Maker on appeal receives the response to the appeal or the last day to provide a response.
Dissemination of Policy and Procedures
Nicolet College will provide its policy and procedures related to Title IX on its website and in each handbook, catalog, and application form that it makes available to applicants for admission and employment, students, employees.
Training
Nicolet College will provide training to all employees on Nicolet College’s obligation to address sex discrimination in its education program or activity, the scope of conduct that constitutes sex discrimination including sex-based harassment under Title IX, and all applicable notification and information requirements under Title IX regulations. Nicolet College will ensure that its Title IX Coordinator(s), investigators, Decision-Makers, facilitators of an information resolution process, and other persons who are responsible for implementing Nicolet College’s grievance procedures or have the authority to modify or terminate supportive measures, have training on topics requires by Title IX regulations.
In years in which a substantive policy or procedural change has occurred, all Nicolet College employees will attend a training update or receive a copy of the revised policies and procedures.
File Retention
Nicolet College will retain on file for a period of seven (7) years after closing the case copies of:
· For each complaint of sex discrimination: records documenting the informal resolution process (if any) or the grievance procedures, and the resulting outcome.
· For each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute sex discrimination under Title IX or this part, including notifications under 106.44(c)(1) or (2), records documenting the actions Nicolet College took to meet its obligations under Title IX regulations.
· All materials used to provide training pursuant to Title IX regulations.
These procedures supersedes Nicolet College’s previous Title IX procedures, though previous procedures remain in force for conduct occurring before August 1, 2024. These procedures will take effect August 1, 2024 and remain in effect unless the 2024 Title IX/Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance regulations are enjoined or otherwise determined to be unlawful by a court of competent jurisdiction. Should the underlying law or regulations on which these procedures are built cease to remain enforceable, the appropriate sex-based discrimination/harassment college policies and procedures will apply.
References:
· Title IX Education Amendments of 1972; 20 U.S. Code Sections 1681 et seq.: