Section III: USDOE Statements of Equitable Treatment

A.  As required by USDOE’s Regulations, Rhodes’ Formal Grievance Process will “treat complainants and respondents equitably by [1] offering supportive measures … to a complainant, and [2] by following a grievance process that complies with [the new Title IX Regulations] before the imposition of any disciplinary sanctions or other actions that are not supportive measures … against a respondent.” (106.44(a); 106.45(b)(1)(i).) This Policy explains the new Title IX Regulations’ requirements.

Supportive measures also may be offered as needed to respondents and other members of the Rhodes community who may be affected by sexual misconduct.

B.  The Title IX Regulations define “supportive measures” as “non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent.” They may be sought or provided before or after a Formal Complaint is filed, or where no Formal Complaint has been filed. “Such measures are designed to restore or preserve equal access to the [school’s] education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the [school’s] educational environment, or deter sexual harassment.”

Supportive measures may include: counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Other supportive measures are described in Section XI of Rhodes’ comprehensive Sexual Misconduct Policy.

Rhodes will keep any supportive measures provided to the complainant or respondent confidential, to the extent possible. However, supportive measures that impact other members of the Rhodes community (e.g. mutual no-contact orders, where the other party must be informed of the order and its implications) may be disclosed in order to enforce them. The Title IX Coordinator will coordinate the effective implementation of supportive measures.

C.  An individual’s status as a respondent will not be considered a negative factor during consideration of the grievance. Respondents are entitled to, and will receive the benefit of, a presumption that they are not responsible for the alleged conduct unless and until the grievance process concludes and a determination regarding responsibility is issued. Similarly, a person’s status as a complainant, respondent, or witness will not determine whether or not they are deemed credible. (106.45(b)(1)(ii-iv).)

D.  Rhodes’ Formal Grievance Process will provide remedies to a complainant only if the grievance process described in this Policy results in a determination that the respondent is responsible for sexual harassment as defined by the DOE.  Remedies are designed to restore or preserve equal access to the school’s education program or activity, and they may include the same individualized services as supportive measures. Remedies may be disciplinary and punitive. (106.45(b)(1)(i).) In the event that the allegations do not meet the jurisdiction requirements and definition of “sexual harassment” under Title IX Regulations, see Rhodes’ Anti-Discrimination and Harassment Policy and/or Rhodes Sexual Misconduct Policy for further information related to investigation and available remedies.

E.  Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process (Title IX administrators) will not have a conflict of interest or bias in favor of or against complainants or respondents generally or an individual complainant or respondent in the grievance process. Rhodes will provide necessary and appropriate training toeach administrator involved in the Title IX process. Training materials will not rely on sex stereotypes and will promote impartial investigations and adjudications of Formal Complaints of sexual harassment. (106.45(b)(1)(iii).)