TSC Title IX Procedures

Table of Contents

Advisors 

Parties may each have an advisor of their choice present with them for every step of a Title IX resolution process in addition to parents/guardians who may also be present. The advisor may be a friend, mentor, family member, attorney, or any other individual a Party chooses to advise, support, and/or consult with them throughout the resolution process. Advisors will be provided with the same case-related communications and information as the Parties and their parents/guardians. An advisor is not prohibited from being a witness in a matter.  

Parties are expected to maintain the same single advisor throughout the process and may, but are not required to, bring their advisor to all meetings. Retaining a single, consistent advisor enables the process to move forward in an efficient fashion. Efforts will be made to accommodate the schedules of the Parties and their advisors; however, the process will not be unnecessarily delayed due to an advisor’s unavailability. Written notice of a change in advisors must be provided to the Title IX Coordinator.

The Parties are expected to ask and respond to questions on their own behalf throughout the resolution process to the greatest extent possible given their age and developmental stage. In cases where a Party requires assistance in asking and/or responding to questions on their own behalf, the advisor and/or parents/guardians will be allowed to ask and/or respond to questions on behalf of the Party, at the discretion of the investigators or decision-maker. The Parties may ask for breaks during any interview to allow for private consultation with their advisor and/or parents/guardians.  

Advisors are expected to complete required training and abide by these guidelines. If an advisor fails to abide by the guidelines, they may be prohibited from attending ongoing or future meetings, and the Party may need to obtain an alternative advisor. Advisors will also be expected to sign the same Privacy Agreement as the Parties and their parents/guardians prior to receiving access to confidential case materials.  

Attorney-Advisors in Formal Investigations: TSC students or their parents/guardians may request that an attorney-advisor be provided in matters that proceed to a formal investigation. An attorney-advisor will be provided at no cost to the Party, upon request, from a predetermined pool of trained attorney-advisors. A Party may not request a different attorney-advisor, but may independently select another advisor or retain counsel at the Party’s expense; if that occurs, the attorney-advisor originally provided will withdraw from that role. The other Party and their parents/guardians will be notified if an attorney-advisor has been requested and will also be offered an attorney-advisor. An attorney-advisor will be assigned to a non-participating Party, free of charge, for the required determination process. 

Role of Advisors in Informal Resolutions: For matters that begin with an informal resolution process, the Parties may bring their advisor of choice, but an attorney-advisor will not be provided.   Parties to a matter that begins as a formal investigation but proceeds to an informal resolution process may continue with any attorney-advisor that was previously assigned to them free of charge.  Informal resolutions are Party-driven processes during which an advisor may serve as the Party’s support person and may help to prepare participants to engage in the process.

Formal Title IX Investigation Procedures

The Title  IX Coordinator will work in conjunction with the decision-maker and Sanctioning Officer to prepare a written Notice of Outcome. The Title IX Coordinator will share  the Notice of Outcome with both Parties, their parents/guardians, and/or advisors, simultaneously within five [5] business days of the decision-maker’s determination.  

The Notice of Outcome will include: 

  • A description of the alleged Policy violation(s).
  • The procedural steps taken from the receipt of the Formal Complaint through determination.
  • Findings of fact supporting the determination.
  • Conclusions regarding the application of the Policy’s prohibited conduct definitions to the facts.
  • For each allegation:
    • The decision-maker’s conclusion as to each allegation and the rationale for that decision.
    • A sanction determination for any allegation for which there is a finding of responsibility.
    • A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the TSC’s education program or activity will be provided to the Complainant.
  • The procedures and bases for an appeal.

Parties may appeal the decision-maker’s determination, or the decision to dismiss a Formal Title IX Complainant or any allegation therein, within five [5] business days after receipt of the Notice of Outcome or dismissal letter. Appeals must be submitted in writing and are decided by the Vice Provost for the Office of Institutional Equity at Columbia University.

The four grounds for appeal are: 

  • Procedural irregularity that affected the outcome of the matter. An appeal based on procedural irregularity must identify with specificity each alleged irregularity within the investigative process and the ways in which the specified irregularity or irregularities substantially affected the decision and/or sanction to the detriment of the appealing Party. Disagreement with the decision or sanction is not, by itself, a ground for appeal.
  • New evidence that was not reasonably available at the time the determination regarding responsibility or the decision to dismiss was made that could affect the outcome of the matter. An appeal based on new information must explain why this information was not available or not provided to the Investigative Team in a timely manner, and how this information could affect the decision-maker’s determination regarding responsibility or the decision to dismiss. If a Party declined to participate or withdrew from the process, the Appellate Officer will not consider information that the Party could have provided if they had fully participated in the process. This includes situations where a student declines to participate on the advice of their advisor or due to a concurrent criminal investigation.
  • The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.  An appeal based on conflict of interest or bias must explain how the Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that affected the outcome of the matter. The Parties are afforded multiple opportunities throughout the process to appeal based on potential conflicts of interest or alleged bias and must indicate any potential conflict of interest or alleged bias through these opportunities (such as upon receiving notice of the investigators or decision-maker assigned to the matter) so that they are immediately addressed before the process moves forward. As such, only newly known or newly apparent conflicts of interest or bias will be considered.
  • Excessiveness or insufficiency of the sanction. An appeal based on the imposed sanction must explain why the sanction is inappropriate based on the weight of the information provided during the investigation and/or sanction phases of the process.

The decision-maker will send a Notice of Decision-Making to the Parties, their parents/guardians, and/or advisors at least ten (10) business days prior to the decision-maker issuing a final determination. The notice will contain:

  • The name of the decision-maker and the process to notify the Title IX Coordinator of any conflict of interest that the decision-maker may have [See Conflicts of Interest].
  • A description of the alleged Policy violation(s) and a statement of the potential sanctions.
  • An invitation for each Party to submit a written response to the Investigative Report within ten [10] business days of the date of the notice.
  • An invitation for each Party to submit to the decision-maker in writing any additional relevant questions they want the decision-maker to ask of any other Party or witness within ten [10] business days of the date of the notice.
  • An invitation to each Party to submit to the decision-maker an impact statement  in writing within ten [10] business days of the date of the notice for consideration by the Sanctioning Officer. Impact statements will only be reviewed and considered by the Sanctioning Officer if there is a finding of responsibility. 

A written Notice of Allegations will be provided to both Parties, their parents/guardians, and/or advisors at the start of the investigation process.  The notice will include:

  • Information regarding the investigation and determination process and available informal resolution processes.
  • Sufficient information available at the time to allow the Parties to respond to the allegations.  Sufficient information includes the identities of the Complainant and Respondent; the conduct alleged to constitute a violation; and the date(s), time(s), and location(s) of the alleged incident(s) to the extent that information is available.
  • A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding an allegation of Title IX Sexual Harassment is made at the conclusion of the investigation and determination process.
  • A statement that Parties may have an advisor of their choice who may be, but is not required to be, an attorney.
  • A statement that parents/guardians are permitted to exercise rights on behalf of a student Party and accompany a student Party to any meeting or interview, in addition to the student’s advisor of choice, who may be a different person from the parent/guardian.
  • A statement that prior to a determination, the Parties, their parents/guardians, and/or advisors may inspect and review all information obtained as part of the investigation that is directly related to the allegations in the Formal Complaint, including information that the Investigative Team does not intend to rely upon in the Investigative Report, and information that both tends to prove or disprove the allegations, whether obtained from a Party or other source.
  • The range of possible sanctions should the Respondent be found responsible for a violation of this Policy following the conclusion of the determination process.
  • A statement that any person who knowingly makes a false statement or knowingly submits false information in connection with an investigation may be subject to separate disciplinary action.
  • A statement about TSC’s policy on retaliation.
  • The names of the Investigative Team and the process to notify the Title IX Coordinator of any conflict of interest that the investigator(s) may have [See Conflicts of Interest]. 
  • Details on how any Party may request disability accommodations from TSC during the resolution process.

Importantly, the initial Notice of Allegations may not be the final charges considered by the decision-maker for determination. The final Notice of Allegations is dependent on the information gathered during the investigation. The Investigative Team will provide an updated Notice of Allegations at any point it deems necessary and as soon as practicable.

Informal Resolutions

In order to proceed with any informal resolution process, both Parties and their parents/guardians must provide voluntary written consent after receiving a Notice of Allegations and Proposed Informal Resolution, which will include:

  • The specific allegations and conduct that is alleged to have occurred.
  • The requirements of the informal resolution process.
  • A statement of any consequences that may result from participation in the informal resolution process. This includes that records will be maintained in accordance with TSC’s records retention Policy and will only be shared as required by law.
  • A statement that information shared during the informal resolution process cannot be used in a formal investigation under this Policy if the Parties do not reach an agreement.
  • The potential terms that may be requested or offered in an informal resolution agreement.
  • A statement that any Party may withdraw from the informal resolution process and initiate or resume an investigation at any time before agreeing to a resolution.
  • Notice that once the agreement is finalized and signed by the Parties and their parents/guardians, they cannot initiate or continue an investigation or any other resolution process arising from the same allegations.
  • Notice that an agreement resulting from the informal resolution process is binding only on the Parties and is not subject to appeal.
  • A statement indicating that the decision to participate in the informal resolution process does not presume that the conduct at issue has occurred.
  • A statement that the Respondent is presumed not responsible for violating this Policy unless the Respondent admits to violations of this Policy.
  • Information regarding supportive measures, which are available equally to the Parties.