告知大学社区成员关于大学的政策和承诺，禁止和应对第九条员工性行为不端，并概述处理针对大学员工的性行为不端投诉的程序。本政策概述了大学社区所有成员的期望、报告选择和资源，球速体育其性取向或性别认同如何。

路易斯维尔大学（大学）致力于营造一个没有不当性行为的氛围。大学将采取迅速和适当的行动来消除不当性行为，防止再次发生，并补救对投诉人或参与投诉过程的人员的任何影响。如果在调查过程中，大学确定所指控的行为不属于本政策或其他大学政策的范围，则将以书面形式通知投诉人和被投诉人。任何在工作场所性行为不当的受害者或目击者的大学员工应立即通知员工关系办公室，电话：502-852-6258或EMRelate@louisville.edu。及时通知以下“举报不当性行为投诉”中确定的一个或多个个人也足够了。在紧急情况下，个人应联系大学警察502-852-6111或拨打911。当大学发现答辩人违反了这一政策时，将给予纪律处分或其他行政处分。为了向投诉人球速体育(亚洲版)在线官网提供某些支持措施，不需要违反政策。可能的支持措施包括但不限于以下内容：相互“禁止接触令”，酌情改变学业、生活或工作状况，咨询服务、安全护送服务、医疗服务、球速体育(亚洲版)在线官网支持服务，以及向当地执法部门提出申诉的权利通知。第九条协调员、副协调员或其指定人员将球速体育(亚洲版)在线官网提供有关本政策、投诉解决程序的信息，并球速体育(亚洲版)在线官网提供解决投诉的选项。本政策及相关程序无意限制本应受美国宪法第一修正案保护的任何权利；剥夺本应受美国宪法第五和第十四修正案正当程序条款保护的任何权利；或限制美国宪法保障的任何其他权利。对于答辩人是大学员工且符合第九条管辖要求的案件，大学将使用下文概述的调查、听证和上诉程序。如果案件不符合第九章的管辖要求，则可以通过其他大学流程进行管理，例如针对第七章或员工行为准则范围内的案件的歧视性骚扰政策PER 1.10。

一旦大学实际了解了所谓的违规行为，根据第九条的管辖权要求任何被禁止的行为发生：

• 起诉在美国境内的人；和
• 在大学的教育项目或活动中，包括地点、事件或情况，大学对被调查者和性行为不端发生的背景都有实质性的控制。这包括由大学官方认可的学生组织拥有或控制的任何建筑物。

学校禁止对任何人或个人进行报复，因为他们干扰了第九条及其实施条例所保障的任何权利或特权，或者因为个人在本政策下进行了报告或投诉、作证、协助、参与或拒绝以任何方式参与调查、诉讼或听证会。任何恶意提出不当性行为投诉的人，或者恶意或故意提出虚假投诉的人，都可能受到纪律处分。根据本政策，员工关系办公室将调查任何针对当事人或参与投诉程序的个人的报复性行为。如果个人认为自己是本政策所禁止的报复行为的受害者，请致电502-852-6258或EMRelate@louisville.edu与员工关系办公室联系。

歧视骚扰政策每1.10

报告和不报复政策的责任

亲密关系政策

校园性骚扰资源

性骚扰政策PER-1.02

防止性骚扰培训

学生不当性行为政策

学生不当性行为资源指南

ACTUAL KNOWLEDGE (pursuant to Title IX) means notice of Sexual Misconduct or allegations of Sexual Misconduct to any University Official who has authority to institute corrective measures on behalf of the University. The Actual Knowledge standard is not met when the only University Official with Actual Knowledge is the Respondent.

ADVISOR is an individual required to accompany the Complainant and Respondent for the purpose of cross-examining the opposing party and any witnesses at the hearing. The Advisor cannot be a party to the complaint.

COMPLAINANT is an individual who is alleged to be the victim of conduct that could constitute Sexual Misconduct.

CONSENT means freely given agreement by a person with capacity to engage in the sexual activity at issue. A person who is incapacitated (as defined below) lacks capacity and cannot give effective Consent. In order for individuals to engage in sexual activity of any type, all involved individuals must Consent to such activity prior to and throughout any sexual encounter. Consent to one sexual act does not constitute Consent to any other such acts; parties to a sexual encounter must ensure that they have the affirmative Consent of the other individual(s) involved in each sexual act. Affirmative Consent may manifest itself differently depending on the context. “No" always means “no." Words or perceptible actions other than an explicit “yes" may be sufficient to indicate Consent, depending on the totality of the circumstances of each case. Regardless of the circumstances, Consent to any form of sexual activity can be withdrawn at any time, by any party to a sexual encounter, at any point during the encounter. This is true regardless of what sexual acts (or with whom) the individual(s) in question may have engaged in or agreed to previously, and regardless of the nature of the relationship between the parties.

DATING VIOLENCE means violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; (B) where the existence of such a relationship shall be determined based on a consideration of the following factors:

Whether or not a dating relationship exists is determined (1) by the length of the relationship, (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.

This includes threats, assault, property damage, and violence or threat of violence to one’s self or to pets of the romantic or intimate partner when used as a method of coercion, control, punishment, intimidation, or revenge.

DOMESTIC VIOLENCE is defined as crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

FORMAL COMPLAINT is a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Misconduct against a Respondent and requesting that the University investigate the allegation of Sexual Misconduct. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the University with which the Formal Complaint is filed.

HEARING OFFICER is a person (who may be a third-party) designated to preside over a hearing conducted pursuant to this policy. The Hearing Officer will make all determinations of relevancy, serve as the decision maker, evaluate the evidence presented, control the tone and tenor of the hearing and make findings of fact and conclusions as to whether Sexual Misconduct or violations of University policy occurred.

INVESTIGATOR is a person or persons designated by the University to conduct and/or oversee the investigation of a Formal Complaint.

INCAPACITATION is a state in which a person cannot make rational decisions as to whether or not to engage in sexual activity because the person lacks the ability to give knowing Consent (i.e., to understand the "who, what, when, where, why, or how" of the sexual interaction). A person may be incapacitated due to mental disability, being asleep, unconsciousness, involuntary physical restraint, or from the effects of alcohol or other drugs, or because they are below the minimum age of consent in the state where the sexual activity occurred. It is important to note that while a person can be incapacitated by intoxication, intoxication (in which case a person is under the influence of alcohol or drugs) does not constitute Incapacitation unless it renders the person unable to Consent as described herein. In every case, the facts are evaluated to assess whether the person in question was capable of providing Consent, and whether a reasonable person in the parties’ positions would perceive the person as being capable or incapable of providing Consent.

RESPONDENT is an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Misconduct.

SEXUAL ASSAULT means any forcible and non-forcible sex offenses from the Federal Bureau of Investigation’s classification system, to include rape, sodomy, sexual assault with an object, fondling, incest, and statutory rape. 

• 强奸是未经受害者同意而与人发生性关系的行为，包括受害者因年龄或因暂时或永久的精神或身体丧失行为能力而无法表示同意的情况。就这一政策而言，肉体球速体育是指与他人有身体联系的行为；性交。作为一个例子,有“性交”如果有丝毫的渗透阴道的性器官。强奸未遂也包括在内。
• 鸡奸是指在未经受害人同意的情况下与他人进行口交或肛交，包括受害人因年龄或因暂时或永久精神或身体丧失行为能力而无法表示同意的情况。
• 有物体的性侵犯是指在未经受害者同意的情况下，使用物体或工具非法插入他人的生殖器或肛门，球速体育其程度如何轻微，包括受害者因年龄或暂时或永久的精神或身体丧失行为能力而无法给予同意的情况。“物体”或“工具”是犯罪者使用的任何东西，而不是犯罪者的生殖器。
• 抚摸是指在未经受害人同意的情况下，以性满足为目的触摸另一个人的身体私处，包括受害人因年龄或暂时或永久的精神或身体丧失行为能力而无法表示同意的情况。
• 乱伦是指在管辖法律所禁止的婚姻范围内的亲属之间发生的性关系。
• 法定强奸是指与司法管辖区法律规定的法定同意年龄以下的人发生性关系。

性骚扰是指基于性别的行为，符合以下一项或多项规定：

• 大学的雇员以个人参与不受欢迎的性行为（通常被称为性行为）为条件，球速体育(亚洲版)在线官网提供大学的援助、福利或服务交换条件）;
• 一个通情达理的人认为不受欢迎的行为如此严重、普遍，和客观上令人反感的是，它实际上剥夺了一个人平等参加大学教育项目或活动的机会；或
• 性侵犯、约会暴力、家庭暴力或跟踪（另有定义）。

不当性行为是一个综合术语，适用于本政策涵盖的所有不当行为。不当性行为包括性骚扰（包括交换条件和敌对环境）；性侵犯;家庭暴力;约会暴力;和跟踪。跟踪指的是针对某个人的一系列行为，这些行为会导致一个理智的人担心自己或他人的安全，或遭受严重的情绪困扰。跟踪行为可能包括留下或送人不想要的物品或礼物的持续模式，从看似浪漫的到奇怪的，跟踪该人，或躺在那里等待该人，通过互联网或其他形式的在线和/或电子通信（即网络跟踪）骚扰该人，或干扰某人的财产。支持性措施是指在正式投诉之前或之后，在合理可行的情况下，向投诉人或被投诉人球速体育(亚洲版)在线官网提供适当的、不收取任何费用的、非纪律的、非惩罚性的个性化服务。此类措施旨在恢复或保持接受教育计划或活动的平等机会，而不会给另一方造成不合理的负担，包括旨在保护所有各方或大学教育环境的安全，或阻止性行为不端的措施。支持性措施可能包括咨询、延长截止日期或其他与课程相关的调整、修改工作或课程安排、校园护送服务、双方相互限制联系、工作或住房地点的变化、休假、加强安全、对校园某些区域的监控，以及其他类似措施。大学官员是本政策程序部分列出的第九条协调员或副第九条协调员。

报告性行为不端投诉的目的是通知学校性行为不端可能正在发生或可能已经发生，并球速体育(亚洲版)在线官网提供足够的信息以确定有关各方。所有大学员工都被认为是强制性记者，除非他们被特别指定为保密资源，因此，他们应该尽快球速体育(亚洲版)在线官网提供有关可能违反本政策的信息。任何知道性行为不端的人都可以向以下任何一个人报告信息：第九条协调员和副第九条协调员：

李吉尔，临时第九章协调员Grawemeyer大厅二楼路易斯维尔，肯塔基州40208电话：（502）852-9546电子邮件：titleix@louisville.edu博士安吉拉B.泰勒，第九章副协调员助理教务长和学生主任助理学生权利和责任2100 S.弗洛伊德街学生活动中心- W301路易斯维尔，肯塔基州40208电话：（502）852-5787电子邮件：angela.taylor@louisville.edu唐娜恩斯特，第九章副协调员助理主任，员工关系人力资源215中央大道，205室路易斯维尔，肯塔基州40208电话：（502）852-6538电子邮件：donna.ernst@louisville.edu奥斯卡查韦斯，第九章副协调员主要，合规/外部支持UofL警察局弗洛伊德街停车场套房100路易斯维尔，肯塔基州40292电话：（502）852-7233或852-6111电子邮件：oscar.chavez@louisville.edu某些形式的性骚扰可能违反州和联邦法律,和原告或回帖可以选择联系以下机构关于他们抱怨:肯塔基州人权委员会332 W。百老汇，7楼路易斯维尔，肯塔基州40202电话：（502）595-4024或（800）292-5566电子邮件：kchr.mail@ky.gov联邦平等就业机会委员会600马丁·路德·金博士，Jr. Place， 268套房路易斯维尔，肯塔基州40202电话：（800）669-4000 TTY:(800) 669-6820电子邮件：www.eeoc.gov费城民权办公室

U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Phone: (215) 656-8541
TDD: (877) 521-2172
Email: OCR.Philadelphia@ed.gov

COMPLAINTS

Informal Complaint. An informal complaint of Sexual Misconduct may be made to the University by any person. If the complaint involves an employee as the respondent, the Employee Relations Office should be promptly notified at 502-852-6258 or EMRelate@louisville.edu, but notice to any University Official is appropriate. A University Official or designee will promptly reach out to the Complainant to discuss the availability of Supportive Measures and explain the process of filing a Formal Complaint. The University’s response to the complaint must treat Complainants and Respondents equitably by offering Supportive Measures and by following the grievance process before the imposition of any disciplinary sanctions or other actions that are not Supportive Measures against a Respondent.

Formal Complaint. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the education program or activities of the University. A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, or by email, by using the contact information provided herein. The complaint must include the physical or digital signature of either the Complainant or the Title IX Coordinator in order to meet the requirements of a Formal Complaint. When the Title IX Coordinator signs the Formal Complaint, the Title IX Coordinator is not the Complainant and is not otherwise a party.

Time Period. Prompt reporting of a complaint to a University Official is strongly encouraged to allow timely response and resolution. The University is obligated to evaluate any allegation of Sexual Misconduct brought to its attention and respond if required by this policy.

Confidentiality. The University will maintain as confidential Sexual Misconduct complaints and the parties involved to the extent maintaining confidentiality would not impair the University’s ability to adequately evaluate, respond to, and investigate the allegations raised in the complaints.

INFORMAL RESOLUTION

The primary objective of the informal resolution process is to resolve the conflict between the parties and prevent any future Sexual Misconduct from occurring. The informal resolution process is not permitted if the complaint involves allegations that an employee engaged in Sexual Misconduct against a student. In all cases, the Deputy Title IX Coordinator or designee will have discretion to determine whether informal resolution is appropriate given the circumstances.

Informal resolutions are voluntary and are generally pursued when both parties, having been fully informed of all available options, have both voluntarily and in writing explicitly requested an informal resolution. The University in its sole discretion will take the parties’ requests to utilize the informal process under advisement and make the final determination as to the use of the informal process. Informal resolution will only be offered after a Formal Complaint has been filed. If the complaint is to be resolved through the Informal Resolution Process, it will be completed in 20 days from receipt of both parties requests to utilize this process. If there is need for a temporary delay or a limited extension of time frames due to extenuating circumstances, the Investigator shall send written notice to the parties of the delay or extension and the reasons for the action.

The Deputy Title IX Coordinator or designee will serve as the facilitator of the informal resolution process. If at any time the Deputy Title IX Coordinator or designee finds the informal resolution process is not beneficial or advancing resolution, the case can be referred back to the Investigator to begin or resume the investigative process. Similarly, either party can ask to end the process at any time before its completion and proceed to the investigative process. If an informal resolution process is ended without resolution, any information obtained or statements made during the informal resolution process may be used in a subsequent formal resolution process and hearing, but may not be used to prove responsibility. Once a complaint has been resolved through an informal resolution process, the matter will be closed.

INTERIM AND SUPPORTIVE MEASURES

The University takes steps to ensure equal access to its education programs and activities and protect the Complainant and Respondent as necessary, including interim and Supportive Measures before the final outcome of an investigation. The University will take these steps promptly once it has notice of a Sexual Misconduct allegation and will provide equitable access to the parties. The University will also provide the parties with information on Title IX rights and any available resources, such as victim advocacy, housing assistance, academic support, student financial aid, counseling, visa and immigration services, disability services, health and mental health services, and the right to report a crime to campus or local law enforcement. The University will maintain as confidential any Supportive Measures provided to the parties, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the Supportive Measures.

While the University must view the Respondent as not responsible for the alleged Sexual Misconduct until a determination regarding responsibility is made at the conclusion of the complaint process, there may be extenuating circumstances where safety concerns require immediate action, such as an interim suspension. Such interim measures can only be taken after an individualized safety and risk analysis determines that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Misconduct that justifies removal.  In the case of an interim suspension, the Respondent will be notified and have an opportunity to challenge the decision via the grievance procedures set forth in The Redbook. The University always retains discretion to place an employee on paid leave, irrespective of whether there is an immediate threat to the physical health or safety of any student, so long as such leave is in accordance with the provisions of The Redbook.

TITLE IX EMPLOYEE SEXUAL MISCONDUCT COMPLAINT PROCESS

There are three separate phases in the Employee Title IX Complaint Process: (1) the investigation phase, (2) the hearing phase (as needed), and (3) the appeal phase (as needed). 

a .调查阶段在收到正式投诉后，大学将向已知的各方球速体育(亚洲版)在线官网提供书面通知，其中包括：

• 大学通知书的过程,包括任何非正式的解决过程。
• 通知本文档中定义的不当性行为的指控包括足够的细节时和有足够的时间准备一个响应之前初步面试。
• 足够的细节包括当事人的身份参与到事件中,如果知道,行为涉嫌构成性骚扰事件的日期和地点,如果已知。
• 声明中,被申请人是认为不负责的行为和决定有关的责任是在过程的结论。
• 劝告双方,他们可能有一个顾问的选择参加听证会的目的陈述反对党和反对党的证人在听证会上。
• 磋商,双方当事人没有选择将他/她自己的顾问,如果及时要求,大学将球速体育(亚洲版)在线官网提供方的顾问在听证会上的有限目的进行盘问。
• 深思熟虑的政党,他们可能和任何人商量选择准备听力,可以有一个人陪他们调查过程的任何部分,党参与。
• 任何条款在大学学生员工行为准则或代码的行为,禁止故意制造虚假陈述或故意提交虚假信息进行调查期间,投诉过程的听证会上,或上诉阶段。
• 注意到大学的报告和Non-Retaliation政策的责任。
• 注意,如果在调查的过程中,额外的相关指控违反第九条关于原告或被发现,各方的身份将被通知。

The University may consolidate Formal Complaints as to allegations of Sexual Misconduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of Sexual Misconduct arise out of the same facts or circumstances.

Dismissal of Complaints. The Investigator must evaluate each Formal Complaint that is filed to determine whether it meets the jurisdictional requirements to proceed through the formal Title IX investigative process. When a complaint is dismissed, the University will send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties. Either party may appeal the dismissal of the Formal Complaint or dismissal of any sexual misconduct allegation in the Formal Complaint. See Section C: Appeal Phase for details. The University reserves the right to address the alleged conduct in a dismissed Formal Complaint utilizing other University policies and processes, such as the Employee Sexual Misconduct Complaint Process (non-Title IX) for cases that fall within Title VII and the Employee Code of Conduct.

Mandatory Dismissal. The University is required to dismiss the Formal Complaint if, at any point, the University determines that the conduct alleged in the complaint: 1) would not constitute Sexual Misconduct, as defined in this policy, even if proved; 2) did not occur in the University’s education program or activity; or 3) did not occur against a person in the United States.

Permissive Dismissal. The University may dismiss the Formal Complaint or any allegations therein if, at any time during the investigation or hearing: 1) a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein; 2) the Respondent is no longer enrolled or employed by the University; or 3) specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.

Investigation. Upon receipt of the Formal Complaint, the Investigator will promptly acknowledge receipt and send written notice of the allegations to both parties. The investigation shall begin with a presumption that the Respondent is not responsible for the alleged conduct. The burden of gathering evidence sufficient to reach a determination regarding responsibility rests with the University. This information gathering process will be completed as expeditiously as possible. Absent extenuating circumstances, the investigation should be completed within 60 business days of receipt of the Formal Complaint. If there is a need for a temporary delay or a limited extension of timeframes for good cause, the Investigator shall send written notice to the parties of the delay or extension and the reasons for the action.

Party Interviews. The investigation should generally begin with a request for a meeting with the Complainant, followed by a request for a meeting with the Respondent.  The requests shall be in writing and include the date, time, location, and purpose of the interview. The request should be sent with sufficient time for the party to prepare to participate. The Investigator may request the party provide a written statement at least three business days prior to the meeting. The meetings with the Complainant and the Respondent will be audio and/or video recorded. The parties may bring any one person of their choice to the meeting with the Investigator; however, this person may not attend the meeting in place of the party. Advisors and non-parties have no role in the investigative process except to confer with, support and give advice to the respective party in a quiet, confidential and non-disruptive manner. Any requests for accommodation or for language assistance must be made to the University at least three business days in advance of the interview.

Witness Interviews. The University must provide equal opportunity for the parties to present fact and expert witnesses and other information that could support or refute the alleged responsibility of Respondent. The Investigator should request interviews with the witnesses presented by the parties or otherwise believed to have relevant information. The requests to witnesses should be in writing and include the date, time, location, and purpose of the interview. The request should be sent with sufficient time for the witness to prepare to participate. The Investigator may request the witness provide a written statement at least three days prior to the meeting. The interviews with witnesses will be audio and/or video recorded. Any requests for accommodation or for language assistance must be made to the University at least three business days in advance of the interview.

Other Evidence. Additional information may also be gathered, such as records and documents deemed necessary. However, the University cannot access, consider, disclose, or otherwise use a Complainant or Respondent’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.

Restrictions. The University cannot impose any restrictions on the ability of the parties to discuss the allegations or gather evidence throughout the investigative process. Nor can the University use questions or evidence throughout the investigation that constitute or seek disclosure of information protected under a legally recognized privilege unless the person holding the privilege has waived the privilege.

Review of the Evidence. Upon completion of the investigation, the Investigator shall provide both parties and their Advisors copies of any evidence directly related to the allegations, in electronic format or hard copy. The parties and their Advisors are prohibited from using any of the evidence for any purpose other than preparing for and participating in the hearing. This includes any evidence that may support or refute the responsibility of the Respondent, but also includes any evidence the University does not intend to rely on in reaching a determination regarding responsibility. Parties will have 10 business days to inspect, review, and respond to the evidence. Any evidence that the parties intend to rely on at the hearing must be provided to the Investigator for consideration or it cannot be used at the hearing.

Final Report. After considering all of the evidence and any responses from the parties, the Investigator shall issue a final report. The report should fairly summarize the relevant information and evidence collected but will not make factual findings or a determination regarding whether the policy is violated. The final report shall be forwarded to the Title IX Coordinator who will review the report and confirm that the alleged conduct may constitute Sexual Misconduct as defined in the policy. If the alleged conduct, if true, would not constitute Sexual Misconduct as defined in the policy, the complaint must be dismissed. If the complaint is dismissed, a notice of dismissal will be sent to both parties and include information regarding the right to appeal. If the alleged conduct may constitute Sexual Misconduct, it will proceed to a hearing. If the matter will proceed to hearing, a hearing notice that includes the charges to be addressed at the hearing and the date of the hearing shall be attached to the final report. The final report and hearing notice shall be issued at least 10 business days prior to the hearing, and absent extenuating circumstances, the hearing will be no more than 30 days from the issuance of the final report. 

B. Hearing Phase

If the Investigator determines the jurisdictional elements of Title IX have been met, the University will provide for a live hearing where the parties can present relevant evidence to a Hearing Officer. After consideration of all relevant evidence, the Hearing Officer will make a determination as to responsibility of the Respondent.

Hearing Officers. Hearing Officers are retired judges or experienced attorneys who have contracted with the University to preside over Title IX hearings. Parities may not communicate with the Hearing Officer outside the presence of the other party.

Standard of Proof. The Hearing Officer will make findings of fact and conclusions as to whether Sexual Misconduct or violations of University policy occurred using a preponderance of evidence standard. Preponderance of the evidence means that the evidence supports that a given allegation is more likely to be true than not true.

Location. Hearings will generally take place on the University campus, but may be conducted virtually at the Hearing Officer’s discretion. The University will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the Hearing Officer and parties to simultaneously see and hear the party or the witness answering questions. If any party fails to appear for the hearing, the hearing will proceed in the party’s absence. If the failure to appear is due to extenuating circumstances, the Hearing Officer has the discretion to continue the hearing. All hearings will be audio and/or video recorded and made available to parties for inspection and review.

Advisors. In addition to cross-examining the witnesses at the hearing, the Advisor may confer and give advice to their party in a quiet, confidential and non-disruptive manner. Any Advisor who refuses to comply with the University’s rules of decorum or acts disrespectfully or abusively during a hearing may be removed from the hearing at the discretion of the Hearing Officer. In that event, the party may substitute a different Advisor (if immediately available) or the hearing will be continued.

Hearing Structure. The rules of evidence and civil procedure do not apply to the hearing process. The Hearing Officer will be the ultimate decision maker on relevancy of questions or concerns raised by the parties during the hearing regarding witnesses, exhibits, testimony, procedure, etc. The Hearing Officer has the discretion to assign such weight to statements and other information that satisfies the relevance rules but not subjected to cross-examination as the Hearing Officer deems appropriate. The Hearing Officer may not draw any inferences regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer questions.  The parties may make opening statements. The Complainant will present witnesses and evidence first, followed by the Respondent. The Hearing Officer shall have discretion to call witnesses other than those presented by the parties and may question any party or witness directly, irrespective of questions that may be posed by the Advisors. Following the completion of all testimony, the parties may make a closing statement.

Cross-examination. Cross-examination must be conducted directly, orally and in real time by a party’s Advisor and never by a party. Cross-examination questioning of all witnesses must be respectful and in a non-abusive manner. The Hearing Officer must ensure that only relevant questions are posed during cross-examination. If the Hearing Officer deems a question not relevant, s/he must explain that decision.

Post Hearing. After evaluating the evidence presented at the hearing, the Hearing Officer shall issue a written determination regarding responsibility. The written determination must include: 1) identification of the allegations potentially constituting Sexual Misconduct; 2) identification of the allegations potentially supporting other charges; 3) a description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather evidence, and hearings held; 4) findings of fact supporting the determination; 5) conclusions regarding application of the University’s Employee Code of Conduct to the facts; 6) a statement 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 education program or activity will be provided by the University to the Complainant; 7) the University’s procedures and permissible bases for the parties to appeal. The written determination must be issued to the parties simultaneously. Absent extenuating circumstances, the written determination should be issued within 30 business days of the completion of the hearing.

Sanctions. Upon a finding of responsibility by the Hearing Officer, the University will recommend the appropriate sanctions to the Hearing Officer for inclusion in the written determination of responsibility. Persons found to have violated the provisions set forth in this policy will be subject to disciplinary action and penalties as set forth in the University’s policies and procedures outlined in The Redbook and the Staff Handbook. These penalties include, but are not limited to, suspension, demotion and/or termination. No disciplinary action may be taken against an employee until the appeal process is concluded. Any final disciplinary action imposed on the Respondent is subject to the grievance process set forth in The Redbook.  

C.上诉阶段双方均有权对正式投诉的驳回和/或有关责任的决定提出上诉。这项上诉将由一位公正的决策者以公正的方式进行。Bases for Appeal. 上诉的依据包括：1)程序上的不正常影响了案件的结果；2) new evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal that could affect the outcome of the matter; 3) whether there was sufficient information presented at the hearing to establish, by a preponderance of the evidence, that Sexual Misconduct occurred; 以及4)第九条协调员、调查员或听证官存在有利于或反对投诉人或被投诉人整体或个别投诉人或被投诉人的利益冲突或偏见，从而影响了事项的结果。上诉通知书。A written notice of appeal must be submitted electronically to the appeal officer within 10 business days of notice of the dismissal or the issuance of the written determination of responsibility. 上诉通知书应清楚列明上诉的根据，并说明上诉的根据。在收到上诉通知后，上诉官员必须立即以书面形式通知另一方已提出上诉，并给另一方合理的时间提交支持或质疑结果的书面声明。上诉专员将作为中立的一方，不存在偏见或利益冲突，并将以公正的方式审查上诉。最终决定。The appeal officer must issue a written determination describing the result of the appeal and the rationale for the result. The appeal officer may uphold the dismissal or determination of responsibility, may overturn the dismissal or determination of responsibility, may modify the determination of responsibility (including sanction) in whole or in part, may remand the matter for further investigation and/or hearing, or request additional information before making a decision. The written determination must be issued to the parties simultaneously. 上诉官的决定是最终的。The determination of responsibility becomes final either on the date that the University provides the parties with written determination of the result of the appeal, if an appeal is filed, or the date on which an appeal would no longer be considered timely, if an appeal is not filed.

第九条协调员和副协调员负责监督本政策下的所有不当性行为投诉。员工关系办公室负责解释和执行本政策及相关程序和流程。员工关系办公室负责评估,反应,确定调查投诉性骚扰当被申请人是一个大学的员工。教导主任办公室负责评估,反应,确定调查的投诉性骚扰当被申请人是一个学生。性骚扰的投诉,不涉及大学员工或学生,联系警察大学(502)852 - 6111或911年。

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