XIX. Determination Regarding Responsibility for Title IX Grievance Process

The decision-maker(s) must issue a written determination regarding responsibility after the conclusion of the live hearing. The decisionmakers will deliberate in private to determine, based on a preponderance of the evidence, whether a policy violation(s) has occurred. Both parties will receive written notification of the decision within ten (10) business days of the hearing’s conclusion. This notification must be provided to both parties simultaneously and the determination regarding responsibility becomes final either at the time the parties are provided a written determination of the result of an appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

The written determination must include:

Identification of the allegations potentially constituting sexual harassment as defined by the Department of Education in 34 C.F.R. §106.30;
The procedural steps taken from the initial formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
Findings of fact supporting the determination;
Conclusions regarding the application of the University’s policies to the facts;
A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the University imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s educational program or activity will be provided by the University to the Complainant;
The procedures and permissible bases for appeal afforded to all parties.

Remedies and supportive measures for the Complainant that do not impact the Respondent should not be disclosed in the written determination; rather the determination should simply state that remedies will be provided to the Complainant.