This Section describes Rhodes’ investigation and resolution processes for cases in which both parties are students and in which the conduct alleged does not trigger the Rhodes Formal Grievance Policy.
For more details, please refer to the Procedural Guidance accompanying this Policy.
A. Investigation
Rhodes will investigate all Reports of sex/gender discrimination and sexual misconduct reported to the Title IX Coordinator regardless of whether the Report becomes a Complaint. The investigation and adjudication procedures (if needed) shall be prompt, fair, and impartial. The process typically will begin with intake meetings conducted by the Title IX Coordinator. The investigation phase may include interviewing the Complainant/ First-Party Reporter, the Respondent, and any witnesses; reviewing law enforcement investigation documents if applicable; reviewing relevant student files; and gathering and examining other relevant documents and evidence.
For Reports, the Title IX Coordinator or his/her designee will conduct an initial investigation. If that initial investigation demonstrates that the case may implicate Rhodes’ Title IX obligations to provide a safe and nondiscriminatory environment for the broader Rhodes Community, the Title IX Coordinator may treat the Report as a Complaint and follow the Complaint processes outlined herein and in the accompanying Procedural Guidance. If the Title IX Coordinator determines that the Report does not implicate Rhodes’ Title IX obligations, then after the Title IX Coordinator’s investigation, implementation of any supportive measures, and finalization of any investigation memo, the Title IX Coordinator will be authorized to close the matter.
For Complaints, the Title IX Coordinator will appoint an investigator (“Investigator”) to handle the investigation. This Investigator will be a different person than the Title IX Coordinator. Following the investigation, the Investigator will draft an investigation report succinctly describing all collected information. The report will be delivered to the Title IX Coordinator, who will analyze the report to ensure that the investigation was prompt, fair, impartial, thorough, and consistent with this policy. The Investigator will not make any recommendation as to whether a policy violation has occurred or potential sanctions. Depending on how the Complaint proceeds, the investigation report and other materials related to the investigation may be presented at a Resolution Hearing and/or may be presented during an Informal Resolution process.
Rhodes will make reasonable efforts to balance and protect the rights of the parties during any investigation commenced under this Policy. Rhodes will respect the privacy of the parties and any witnesses in a manner consistent with Rhodes’ obligations to investigate the alleged incident, and take appropriate interim and/or corrective action. The Title IX Coordinator will keep the parties reasonably informed of the status of the investigation.
Both Complainants and Respondents may utilize Advisors and Supporters throughout the investigation process, including to accompany them to any hearing, conference, or related disciplinary proceeding. Neither Advisors nor Supporters are permitted to directly participate in Resolution Hearings or Informal Resolution conferences; they may be present solely to advise or support the party and are prohibited from speaking directly to the Investigator, the Hearing Board, other parties, or witnesses.
B. Informal Resolution
For Complaints with a student Respondent, at the discretion of the Title IX Coordinator, the parties may opt to pursue an Informal Resolution as an alternative to a Resolution Hearing. An Informal Resolution involves a remedies-based, non-judicial process designed to eliminate or address potential sexual misconduct. This process aims to assure fairness, to facilitate communication, and to maintain an equitable balance of power between the parties. Rhodes will not compel face-to-face confrontation between the parties or participation in any particular form of Informal Resolution.
The Title IX Coordinator will make an initial decision about whether a case qualifies for an Informal Resolution, and if both parties then agree to pursue that path, Rhodes will halt any investigation or scheduled Resolution Hearing so that the parties can explore the possibility of informal resolution. Participation in an Informal Resolution is voluntary, and either party can request to end the Informal conference at any time and return the investigation or proceeding to its pre-conference status. Agreements reached in an Informal Resolution are final and not subject to appeal.
C. Resolution Hearing
A Resolution Hearing is Rhodes’ disciplinary proceeding through which a Sexual Misconduct Hearing Board evaluates evidence related to a Complaint to determine whether a student Respondent is responsible or not responsible for a violation of this Policy, based on the criteria of “a preponderance of evidence.” Under this standard, the burden of proof is met and a Respondent may be found responsible for a Policy violation if the Sexual Misconduct Hearing Board determines that it is more likely than not that the Respondent committed the violation. If the Respondent is found in violation of the Policy, the Respondent may be subjected to disciplinary action.
The Sexual Misconduct Hearing Board will consist of three trained faculty and/or staff members. None of the members of the Sexual Misconduct Hearing Board will be the same as either the Title IX Coordinator or the Investigator.
The parties will be provided notice of the date, time and location of the hearing. At least ten (10) business days prior to a hearing, both parties and the Sexual Misconduct Hearing Board will be provided access to a hearing packet containing the investigation report and other information pertinent to the hearing. The hearing may consist of testimony by the parties, witnesses and the Investigator, and may include the presentation of other evidence. Hearings, including those that occur during the non-academic year, may be conducted via video conference and/or teleconference, as needed. The Sexual Misconduct Hearing Board will be allowed to question each witness who appears, and the parties will be allowed to ask questions through the Sexual Misconduct Hearing Board. Live, verbal, and direct cross-examination of a party or witness is not permitted under this Policy by a party or that party’s Advisor (unlike in the Formal Grievance Process required for addressing defined sexual harassment). The parties will be provided notice of the outcome of the Hearing Board’s deliberations, including the determination of whether the Respondent was found responsible or not responsible for the alleged violation(s) and applicable sanction(s). Decisions made in a Resolution Hearing may be appealed. The Title IX Coordinator will be authorized to stay sanctions pending appeal and/or make further accommodations that are consistent with the Sexual Misconduct Hearing Board’s decision.
D. Appeals
Either Complainant or Respondent may appeal any Sexual Misconduct Hearing Board decision within five (5) business days of delivery of the Hearing Board’s determination. Appeals can only be raised on one or more of the following grounds: (1) a procedural irregularity, meaning an alleged failure to follow the process outlined in this Policy, that affected the outcome of the matter; (2) to consider new facts or information that were not known or knowable to the appealing party before or during the time of the hearing and that were sufficient to alter the decision; (3) the Title IX Coordinator, Investigator, or adjudicator(s) had a conflict of interest or bias that affected the outcome of the matter. Rhodes reserves the right to offer an appeal equally to both parties on additional bases in its discretion. The notice of appeal must specifically describe the facts upon which the appeal is based and how it allegedly affected the outcome. The appeal will be reviewed and determined by an Appeals Board, based on the grounds contained in the appeal statement. Appeals decisions are final and not subject to further review.