Middlebury Handbook

B.1.b (1). TIX Investigation & Resolutions Procedure

I. What This Procedure Covers
II. Reporting Title IX Sexual Harassment
III. Formal Complaints/Grievances & Pre-Investigation
IV. Investigations
V. Hearings and Determinations of Responsibility
VI. Sanctioning
VII. Appeals
VIII. Admission of Responsibility
IX. Informal Resolution
X. Training of Individuals Conducting Investigations and Adjudications and Facilitating Informal Resolution Processes
XI. Record Keeping
APPENDIX A

I. What This Procedure Covers

This Title IX Formal Grievance Procedure (“Procedure”) applies to instances of Sexual Harassment (as defined by May 2020 U.S. Department of Education Title IX regulation) which occur on or after August 14, 2020.[1]  All references to Sexual Harassment within this Procedure are intended to apply to and comply with the definition of Sexual Harassment as defined by Department of Education in its Title IX regulation.

Middlebury may, in exceptional circumstances, vary from this Procedure.  So long as such a variation is consistent with Title IX regulations and allows for fundamental fairness in the processes followed, variations from this process under those circumstances will not invalidate an outcome.

Except as otherwise specified herein, this Procedure applies to faculty, staff and students, as well as to others who participate or attempt to participate in Middlebury’s programs and activities.  This includes the undergraduate college, the Language Schools, the School of the Environment, MiddCore, Bread Loaf School of English, Bread Loaf Writers’ Conference, and the Middlebury Institute of International Studies at Monterey ("the Institute").[2]  Faculty and staff are, together, referred to as “Employee” or “Employees” in this Procedure.

This Procedure applies to Sexual Harassment as defined by the Department of Education and as set forth in the Non-Discrimination Policy so long as the following conditions are met:

(i) The alleged conduct was perpetrated against a person in the United States; and

(ii) The alleged conduct took place within Middlebury’s programs and activities, meaning that the conduct occurred in a location, at an event, or in a circumstance where Middlebury exercises substantial control over both the Respondent and the context in which the conduct occurs, or in any building owned or controlled by a student organization recognized by Middlebury; and, the Reporting Individual[3] is participating in or attempting to participate in Middlebury’s programs or activities.

Conduct that occurs off campus in locations or at events without direction or control by Middlebury does not meet the definition of occurring in “a program or activity of Middlebury.”  Such conduct may be prohibited under other Middlebury policies, including the Non-Discrimination Policy provisions addressing forms of discrimination and harassment other than Title IX Sexual Harassment, and is addressed using different procedures.  Only behavior meeting the definitional requirements of this section will be addressed utilizing this Procedure.  Where a complaint alleges other Middlebury policy violations arising out of the same facts and circumstances as allegations that must be addressed utilizing this Procedure, Middlebury may, in its discretion, address those other alleged violations through this Procedure.

[1] Conduct that occurred prior to August 14, 2020, will be investigated and adjudicated consistent with the procedures detailed in the SMDVS Policy and/or the Anti-Harassment/Discrimination Policy in effect during Academic Year 2019-2020, prior to the August 14, 2020, effective date of the Department of Education’s May 2020 regulations.

[2] Note that alleged Prohibited Conduct occurring within the Schools Abroad is covered under the Non-Discrimination Investigations & Resolutions Procedure.

[3] The terms “Complainant” and “Reporting Individual” have the same meaning for the purposes of this Procedure.

II. Reporting Title IX Sexual Harassment

In order to fulfill its commitment to fostering a safe and inclusive learning environment, Middlebury values reporting of all types of sexual harassment, which includes sexual assault. Any person who believes that they have been subject to Title IX Sexual Harassment, or who has reason to believe that Title IX Sexual Harassment has occurred or is occurring, should report this information to the immediate attention of the Civil Rights and Title IX Coordinator (“CRTIX Coordinator”) or to the Deputy Civil Rights and Title IX Coordinator (“Deputy CRTIX Coordinator”) at:

Butterfly Blaise Boire
Civil Rights and Title IX Coordinator
Middlebury College
Service Building, Room 213
84 S Service Rd
Middlebury, VT 05753
(802) 443-2147
bboire@middlebury.edu

Taryn Moran
Deputy Civil Rights and Title IX Coordinator
Middlebury College
Service Building, Room 218
84 S Service Rd
Middlebury, VT 05753
(802) 443-5840
tarynm@middlebury.edu

A report or complaint may be made verbally (in person, by phone, or videoconferencing) during applicable business hours, or in writing (via mail or email) 24 hours per day, 7 days per week. You may also report to knowyourrights@middlebury.edu, by using the online reporting tool at go/report, or by visiting this link to the official reporting form.  Please note that while a report may be made anonymously, this will limit Middlebury’s ability to take action to provide supportive measures or to address the situation.

Middlebury’s CRTIX office staff also includes Human Relations Officers (“HROs”) who are able to receive reports of alleged violations of the Non-Discrimination Policy in the event that the CRTIX Coordinator or Deputy CRTIX Coordinator are not available. For more information about the CRTIX office staff (including contact information), please visit https://www.middlebury.edu/title-IX/about. Concerns about discrimination, harassment, or related retaliation engaged in by any member of the CRTIX office should be directed to Deputy General Counsel and Risk Officer, Sue Ritter, at sritter@middlebury.edu or calling her at (802) 443-3289.

Which Middlebury Employees Must Report Sexual Harassment?

With the exception of certain persons designated as “Confidential Resources,” as described below, all Middlebury employees must report any incident that could constitute Sexual Harassment involving a Middlebury student, employee or other covered person, to the CRTIX Coordinator, Deputy CRTIX Coordinator, or an HRO. This requirement applies to student-employees who receive such information in the context of their employment. Failure of an employee to report as required is a violation of Middlebury Policy and can subject an employee to disciplinary action.

The report should include relevant details about the incident of which they are aware, including the names of the parties, any witnesses, and any other relevant facts, including the date, time, and specific location of the alleged incident. To the extent possible, information reported will be shared with others only to the extent necessary to respond to the situation and support the parties and in accordance with state and federal law.

A. Who Are Confidential Resources?

Confidential Resources include medical and support staff of the Center for Health and Wellness (including SANE nurses), Chaplains within the Scott Center, Middlebury Safe and Confidential Advocates (“MiddSafe”), and staff within Counseling Services who are required by law to maintain confidentiality.

Middlebury encourages individuals to use confidential services.  Individuals who seek those services should understand that confidentiality is not absolute and that those resources may have ethical or legal obligations to report certain information to others.  As one example, Confidential Resources are typically obligated under state law to report instances of child abuse, or to make limited disclosures as necessary to address an imminent risk of physical harm to the reporting Party or another person. Exceptions to confidentiality are governed by the law of the state in which the Confidential Resource is located.

B. Participation and Cooperation

All members of Middlebury’s community covered by the Non-Discrimination Policy and identified in connection with an investigation under this Procedure are expected to cooperate and provide complete, accurate, and truthful information. Middlebury prohibits intentionally making a false report or providing false or misleading information in any investigation under this Procedure. Reporting Individuals will not be deemed to have provided false or misleading information under this Procedure if their factual allegations are intended to be truthful and are made in good faith, regardless of whether the conduct complained of is ultimately found to constitute a policy violation.

Witnesses may be asked to keep the substance of the investigation interview confidential to preserve the integrity of the investigation.

C. Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Reporting Individual or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment.

Common supportive measures include: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sexual based harassment.

It is not necessary to file a complaint with Middlebury, participate in an adjudication process, or file a criminal complaint in order to request supportive measures from Middlebury.

Where a Reporting Individual reportedly subjected to Sexual Harassment makes a request for supportive measures like those described above, Middlebury will consider the request and provide those supportive measures which are reasonably available and reasonably allow for the preservation or restoration of access to or participation in Middlebury programs.

Students or employees seeking supportive measures should direct their request to the CRTIX Coordinator, Deputy CRTIX Coordinator, Human Resources, dean, or program director, as appropriate. The request will be evaluated and responded to by the CRTIX Coordinator or designee (e.g. Deputy CRTIX Coordinator, Student Life Dean, or program director) after consultation, as needed, with the appropriate authority or authorities for the school or program at issue. The CRTIX Coordinator is ultimately responsible for coordinating the effective implementation of supportive measures. Factors to be considered in determining whether to provide certain supportive measures may include the following:

  • the specific need expressed by the party;
  • the severity and/or pervasiveness of the allegations;
  • any continuing effects on the party;
  • whether the parties share the same residence hall, dining hall, class, extracurricular activities, transportation and/or job location;
  • whether other judicial measures have been taken to protect a party or the parties; and.
  • whether other measures are reasonably available to support the individual.

Middlebury will maintain as confidential any supportive measures provided to a party, to the extent that maintaining such confidentiality would not impair the ability of Middlebury to provide the supportive measures. As such, Middlebury may need to disclose some information about the individual to a third party to provide the supportive measures in a timely manner. The following individuals are typically responsible for determining what information should be disclosed and to whom it should be disclosed: CRTIX Coordinator, an HRO, dean, Public Safety officer or program director. The decision to disclose information will be made after careful consideration of possible alternatives to disclosure and/or limiting the information provided to the third party as much as possible without compromising Middlebury’s ability to provide the supportive measures.

D. Emergency Removal and Administrative Leave

Nothing in this Procedure limits Middlebury’s rights to terminate or suspend the employment of any staff or faculty member under otherwise-applicable Middlebury policies, practices, contracts, or procedures.

1. Emergency Removal

Where there is an immediate threat to the physical health or safety of any student or other individual arising from the alleged Title IX Sexual Harassment or related conduct, Middlebury can remove a Respondent from its education program or activity (which may include removing an employee Respondent from their employment at Middlebury) and issue any necessary related no-trespass and no-contact orders.  Middlebury will make the decision to remove a Respondent from its education program or activity based on an individualized assessment and risk analysis and will do so consistent with its Emergency Removals Policy and/or its Threat Assessment & Management practices. If Middlebury makes such a decision, the Respondent will be provided with notice and an opportunity to challenge the decision immediately following the removal.

2. Administrative Leave for Employees

When the Respondent is an employee, or a student employee accused of misconduct in the course of their employment, Middlebury may take action in the form of placing the employee on paid or unpaid Administrative Leave, depending on the circumstances.

E. Options to Pursue Criminal or Legal Actions (Reporting Outside of Middlebury)

1. Criminal Complaints

Any student or employee may pursue criminal charges with local, state, or federal law enforcement agencies. Middlebury will offer and, upon request, provide assistance to individuals covered under this procedure with notifying law enforcement agencies. These options are available regardless of whether an individual chooses to file a complaint with Middlebury. Individuals have the option to notify such agencies with or without assistance from Middlebury and have the option not to personally notify such authorities.

2. Orders of Protection

Middlebury does not have the authority to issue Relief From Abuse Orders, Orders of Protection or Restraining Orders as these are granted by the court system. Individuals who have experienced Title IX Sexual Harassment may be eligible to pursue Orders of Protection, Restraining Orders and/or Relief from Abuse Orders from courts in the United States or courts outside of the United States as applicable. Middlebury will offer its support to individuals if they request Middlebury’s assistance with making contact with law enforcement authorities and other external resources to seek such orders. Middlebury will respect such orders to the extent applicable.

3. Assistance by Middlebury

Requests for assistance with contacting law enforcement authorities or obtaining an Order of Protection, a Relief from Abuse Order, a Restraining Order or other lawful order may be made in person, via email, phone or teleconference to the CRTIX Coordinator, Deputy CRTIX Coordinator, an HRO, or Public Safety.

III. FORMAL COMPLAINTS/GRIEVANCES & PRE-INVESTIGATION

In addition to the reporting options and access to supportive measures addressed above, a Reporting Individual may file a formal written complaint alleging Title IX Sexual Harassment against a Respondent and requesting that Middlebury investigate the allegation. At the time of filing a formal complaint, a Reporting Individual must be participating in or attempting to participate in Middlebury’s programs or activities. A formal complaint may be filed with the CRTIX Coordinator or Deputy CRTIX Coordinator in person, by mail, or by electronic mail, by using the contact information contained in Section II, above.

A. Pre-Investigation: Determinations of Applicable Procedures, Dismissals, Transfers and Appeals of Such Determinations

1. Middlebury will investigate alleged Title IX Sexual Harassment where a Reporting Individual submits a signed or electronically submitted formal complaint to the CRTIX Coordinator (or designee), requests an investigation, and the signed written complaint meets the requirements of this section. In cases where the Reporting Individual does not wish to submit a formal complaint, but the CRTIX Coordinator decides in their discretion to sign a complaint and initiate an investigation and resolution process, the CRTIX Coordinator will not be a complainant or otherwise a party to the matter.  Middlebury may terminate the Title IX Sexual Harassment Investigation if a Reporting Individual notifies the CRTIX Coordinator in writing that the Reporting Individual would like to withdraw the formal complaint.

2. When a Reporting Individual requests an investigation,

(a) the CRTIX Coordinator will, promptly upon receipt of a report, determine whether:

i) the conduct alleged would, if proved, constitute Title IX Sexual Harassment (i.e., Quid Pro Quo Sexual Harassment, Severe, Pervasive and Objectively Offensive Sexual Harassment, Sexual Assault, or sex-based Domestic Violence, Dating Violence or Stalking) as defined in the Non-Discrimination Policy as Title IX Sexual Harassment;

ii) the conduct allegedly occurred in Middlebury’s education program or activity; and

iii)  the conduct allegedly occurred in the United States.

(b) the CRTIX Coordinator/HRO or designee may gather additional information as appropriate before making the determinations required by part (a) of this subsection. During any such initial inquiry, all individuals are expected to cooperate.

3. If some but not all of the conduct alleged in the complaint satisfies all 3 of these elements and a formal complaint is received from a Reporting Individual or signed by the CRTIX Coordinator, Middlebury may choose to address the entire matter through this Title IX Sexual Harassment Procedure (that is, it will as required by federal regulations follow Title IX Sexual Harassment procedures to address the alleged Title IX Sexual Harassment, and it may, to promote efficiency or for other compelling reasons, choose to follow this Title IX Sexual Harassment Procedure to address other prohibited conduct in such mixed cases, so that all related misconduct may be addressed through one investigation and resolution process).

4. If it appears based upon initial review or upon information gathered during an investigation that the matter does not satisfy and/or no longer satisfies all 3 of these elements, Middlebury will, as required by Title IX regulations, dismiss the matter from the Title IX Sexual Harassment Procedure, and may transfer it for handling under the Non-Discrimination Investigation & Resolutions Procedure or other Middlebury procedures, as deemed appropriate by Middlebury.

5. Even if the allegations of a matter fall within the definition of Title IX Sexual Harassment, Middlebury may (but is not required to) dismiss a formal complaint or any allegations therein if at any time during the investigation or resolution process:

  • A Reporting Individual notifies the Title IX Coordinator in writing that the Reporting Individual would like to withdraw the formal complaint or any allegations therein;
  • The Respondent is no longer enrolled or employed by Middlebury; or
  • Specific circumstances prevent Middlebury from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

6. If a formal complaint is dismissed by Middlebury under the circumstances described above, Middlebury will simultaneously provide to the parties written notice (by electronic or other means) of the dismissal and the reasons for the dismissal, and notice of the parties’ opportunity to appeal such dismissal through the Title IX Sexual Harassment appeal procedures outlined below.

7. If the Respondent is a Student and an Employee, the CRTIX Coordinator will determine which procedures apply based upon the facts and circumstances, such as whether the Respondent’s status as a Student or an Employee predominates in the context of the Prohibited Conduct. If a Student-Employee is found to have engaged in Prohibited Conduct, the Student-Employee may be subject to sanctions both in connection with their employment and in connection with their student status, as appropriate under these and other applicable procedures.

Additional Policy Violations:

1. If the Civil Rights & Title IX office (“CRTIX”) becomes aware, at any point prior to or during the investigation and adjudication process, of additional allegations against the Respondent that, if proven, could constitute violations of other non-academic policies, including harassment or discrimination investigated under Middlebury’s Non-Discrimination Investigations & Resolutions Procedure, these allegations may, at Middlebury’s discretion, be investigated and adjudicated in accordance with the procedures set forth herein.  In matters involving Employees, where CRTIX becomes aware of additional allegations of violations of Middlebury Policy, those concerns will be reported to the Employee’s appropriate supervisory authority (e.g., VPAA, Dean of the Faculty, VPAA/Dean of the Institute, Dean of the Language Schools, Executive Vice President/Provost), who, in consultation with Human Resources, will consider whether and how to proceed under the relevant Faculty Handbook or Employee Handbook procedures and/or applicable contracts or policies.

2. If one party alleges that another party violated a No Contact Order (NCO) or No Trespass Notice (NTN) and makes the allegations at a time when they can be evaluated during an ongoing Title IX Sexual Harassment investigation/adjudication or after the Title IX Sexual Harassment investigation/adjudication process has been completed, the CRTIX will determine how to proceed.

3. If CRTIX does not assume jurisdiction, the allegations may be addressed through Middlebury's conduct process for the appropriate school or program, or through the appropriate employment process. Alternatively, CRTIX may designate an appropriate Middlebury official(s) to oversee and/or conduct an investigation and adjudicate the matter.  If a violation of a NCO or NTN is found, the matter will be referred to the appropriate supervisory authority for discipline and/or other appropriate action in accordance with existing handbook policies.

4. If CRTIX assumes jurisdiction over the allegations and deems an investigation to be necessary, the HRO will determine the scope, process, and timeline of the NCO/NTN investigation and adjudication, which may not necessarily follow the procedures outlined in this Title IX Investigation & Resolutions Procedure, if CRTIX determines that using other procedures is more appropriate. CRTIX has the discretion to determine whether an advisor of choice may be present at any processes or meetings related to an NCO/NTN investigation, depending on the circumstances. Both parties will have an opportunity to review and respond to all evidence relevant to the NCO/NTN investigation according to a timeline established by the HRO. The HRO will make a finding and will refer the matter to the appropriate sanctioning authority if a violation is found. Should the HRO determine that an NCO/NTN violation may also constitute retaliation, the parties will be notified in writing that retaliation will be added to the policies under consideration in the Title IX Sexual Harassment investigation or be part of a subsequent investigation, as applicable.

5. In all cases the parties will receive written notification if CRTIX determines that additional possible policy violations will be investigated and adjudicated in accordance with the Title IX procedures set forth herein or through a different set of procedures.

B. Bias

If either party is concerned that an official involved in the investigation or adjudication (such as, for example, an investigator, CRTIX Coordinator, or HRO) may be biased or have a conflict of interest, the party should share their concerns immediately. Concerns of this nature about the investigator should be shared with the CRTIX Coordinator; concerns about the CRTIX Coordinator or an HRO should be shared with the Deputy General Counsel/Risk Officer. The official with whom the concern is shared will consider the concern and inform the parties of a decision as to whether any related action is appropriate and whether an alternate will be appointed. If an alternate investigator, HRO, or CRTIX Coordinator is appointed, the alternate shall have the same authority as the originally designated official.

C. Additional Procedures for Dismissed Complaints.

If the CRTIX Coordinator dismisses a complaint under subsections (A)(1) or (A)(6) of this Part III, the CRTIX must promptly:

  1. inform the parties that the dismissal is appealable in accordance with the appeal provisions described in this Procedure, below; and
  2. consider whether the conduct alleged, if proved, would constitute a violation of Middlebury policy that should be investigated and adjudicated in accordance with another Middlebury policy, and initiate applicable procedures accordingly.

IV. INVESTIGATIONS

A. Investigations Procedure

1. General Investigation Provisions

As required by the 2020 Title IX regulations, in investigations conducted under this Procedure, the following provisions will apply:

  • The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on Middlebury and not on the parties;
  • Parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
  • Parties are not restricted in their ability to discuss the allegations under investigation or to gather and present relevant evidence; and
  • When a party is invited or expected to attend a hearing, investigative interview, or other meeting, they will receive written notice of the date, time location, participants, and purpose of such a hearing, investigative interview or meeting, with sufficient time for the party to prepare to participate.

2. Initial Notice of Investigation

Once the CRTIX Coordinator has initiated an investigation under this Procedure and determined the scope of the investigation based on information obtained during the pre-investigation stage, the CRTIX Coordinator or designee will issue a written notice to the parties, along with a copy of the Non-Discrimination Policy and this Procedure. The notice will indicate that Middlebury is investigating the possibility that the Respondent has violated the Non-Discrimination Policy using this Procedure and will include at a minimum:

  • Information about Middlebury’s formal and informal resolution processes;
  • A statement of the allegations of behavior potentially constituting Title IX Sexual Harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial post-intake interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Title IX Sexual Harassment, and the date and location of the alleged incident, if known;
  • A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
  • Information regarding Middlebury’s presumption of good faith reporting and a summary of false complaint information outlined below;
  • Notification that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney; and
  • Notification that the parties may inspect and review evidence during the investigation and resolution process, as provided below.

If, in the course of an investigation, Middlebury decides to investigate allegations about any party that are not included in the notice described above, it will provide notice of the additional allegations to the parties whose identities are known; Notice letters may be amended as appropriate during the course of the investigation, with parties being apprised of such by CRTIX when that occurs.

3. Consolidation of Formal Complaints

Middlebury may consolidate formal complaints of Title IX Sexual Harassment against more than one Respondent, or by more than one Reporting Individual against one or more Respondents, or by one party against the other party, where the allegations of such Title IX Sexual Harassment arise out of the same facts or circumstances. Where a grievance process involves more than one Reporting Individual or more than one Respondent, references in this section to the singular “party,” “Reporting Individual,” or “Respondent” include the plural, as applicable.

4. Disabilities

Individuals needing disability accommodations to fully participate in the investigation process may work with the CRTIX Coordinator to receive appropriate assistance. Accommodation requests may be made directly to the CRTIX Coordinator. Accommodations are determined on an individual basis in consultation with the ADA Coordinators within the Disability Resource Center and/or HR (in the case of employees).

B. Conduct of the Investigation

  1. The CRTIX Coordinator will appoint an investigator, either a Middlebury employee or an external investigator, who serves as a neutral, impartial factfinder. External investigators are supervised by a Middlebury HRO, including tracking the investigation for timely progress, communicating with parties about the progress, assisting with the creation and maintenance of investigative records, and assisting the external investigator as necessary. Other Middlebury officials may at times be called upon to assist with an investigation, depending on the circumstances. In selecting the investigator for a particular matter, the CRTIX Coordinator will take care to select an individual who does not have a conflict of interest or bias against Reporting Individuals or Respondents generally or an individual Reporting Individual or Respondent. The CRTIX Coordinator will notify the parties of the identity of the investigator and parties may, within three calendar days of such notice, object to the appointment of the investigator by providing a written statement (which may be transmitted electronically) as to why the party believes that the investigator has a conflict of interest or bias. The CRTIX Coordinator will make decisions regarding such objections and the appointment of an alternate investigator, as necessary. The CRTIX Coordinator’s decision about whether there is a conflict is final.
  2. The investigator is authorized to contact any and all individuals who may have relevant information. The nature and scope of the investigation is within the discretion of the investigator.  The investigator is authorized to access relevant records, except those legally protected as confidential or privileged, and may collect any additional evidence relevant to the complaint. Middlebury recognizes, however, that individuals who are bound by legal privileges may not be able to disclose privileged information, unless an exception applies. The investigator will not access, consider, disclose or otherwise use a party’s privileged records without the party’s voluntary, written consent to do so, and such information will not be deemed relevant to an investigation or adjudication absent the voluntary, written consent of the party.
  3. The Reporting Individual and Respondent will be asked to identify, preserve and submit all evidence pertaining to the matter under investigation, and to identify witnesses they believe may have relevant testimony to share. The investigator is not required to consider particular evidence submitted or interview any particular witness, even if identified by one of the parties.
  4. All participants in the investigation are expected to provide complete, accurate, and truthful information.
  5. Interviews may be conducted in person, via videoconferencing (e.g., Zoom, Microsoft Teams), or by telephone. Interview participants may not make unauthorized recordings of investigative interviews or any other meetings occurring during the investigation and adjudication process.
  6. The Parties may each have an Advisor of choice present with them for any investigative interviews (or at any other meetings occurring during the investigation and resolution process).
  7. Advisors are precluded from copying, sharing, describing, and/or otherwise disseminating any investigation- or adjudication-related materials to which they are privy, and they shall not disclose the contents of these materials to other Parties or individuals.
  8. The advisor may advise the Party privately but cannot act as a speaking advocate at any investigatory meeting or interview. An investigator or other Middlebury official may terminate meetings and remove or dismiss advisors if an advisor is disruptive or otherwise refuses to comply with the requirements of this Procedure.

C. Preliminary Report

  1. After the Reporting Individual and the Respondent have had the opportunity to make their own statement and to identify witnesses and other potential information, and the investigator has completed witness interviews and the gathering of evidence, the investigator will prepare a preliminary report.
  2. The preliminary investigative report may include proposed findings of fact based on the preponderance of the evidence standard (i.e., more likely than not), and may analyze how those findings relate to the Prohibited Conduct definitions at issue, but it will not include a recommendation regarding whether the Respondent should be found responsible for violating Middlebury policy.
  3. Middlebury will provide each party with an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised, including the evidence upon which Middlebury does not intend to rely in reaching a determination regarding responsibility and/or which the investigator does not deem relevant, and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. Such evidence will not include privileged records or information that may have been gathered or received during the investigation, absent written consent from the party holding the privilege.
  4. Middlebury will make available to each party and the party’s advisor, if any, the evidence subject to inspection and review.
  5. Parties and advisors are not permitted to download, print or copy such evidence subject to inspection and review, and are not permitted to re-disclose such evidence without Middlebury’s permission. Parties and advisors may be required to sign an acknowledgment form indicating that they understand these prohibitions. Violations of these prohibitions may subject parties to Middlebury discipline under applicable conduct codes.
  6. The Reporting Individual and the Respondent will have an opportunity to review the preliminary report within the same time period and provide written responses to the report.  The Reporting Individual and the Respondent must submit any comments, feedback, additional documents, evidence, suggested questions for individuals interviewed, requests for additional investigation, names of additional witnesses, or any other information they deem relevant to the investigator, including additional documents or other evidence, within 10 calendar days after the preliminary report is sent to them for review.  The parties' written responses will be considered by the investigator prior to completion of the final investigative report, and some or all of the responses may be attached or otherwise incorporated into the final investigative report.
  7. To the extent that an investigator takes additional investigative steps based on the parties’ review/comment on the preliminary report, the additional fact finding may extend the timeframe of the investigation.
  8. In the event that new, relevant information is provided or identified at this stage, the information will be incorporated into the preliminary report as deemed appropriate by the investigator, and the Reporting Individual and the Respondent will be provided a second opportunity to review and provide a written response regarding the new information, which the investigator will consider prior to completion of the final investigation report.  Identification of new and relevant information after the parties’ review of the preliminary report is likely to extend the time frame of the investigation.

D. Final Investigative Report 

  1. After considering any written response submitted by either party, or after the 10-calendar day comment period has lapsed without receiving a written response or responses, the investigator will address any relevant issues identified by the Reporting Individual and/or the Respondent, and as appropriate, pursue any additional investigative steps as needed. The final investigative report will be reviewed for completeness by the CRTIX Coordinator or one HRO (not the hearing officer) before it is issued.
  2. The final investigative report created by the investigator will fairly summarize relevant evidence and include as exhibits evidentiary materials as deemed appropriate by the investigator;
  3. The final investigative report includes factual findings and analysis of the relevant evidence, as well as the investigator’s recommendation, based on a preponderance of the evidence standard, as to whether the Respondent should be found responsible for violating the policy provisions at issue;
  4. At least 10 days prior to the hearing referenced below, Middlebury will make available to each party and the party’s advisor, if any, the final investigative report and exhibits for their review and written response; and
  5. The final investigative report and the parties’ written responses, if any, will be provided to the hearing officer in advance of the hearing.

V. Hearings and Determinations of Responsibility

A. In General

Live hearings will be provided as required by the 2020 Title IX regulations. Middlebury will provide for the 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. Any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

B. Hearing Officers

Hearings will be presided over by a hearing officer, who will make the decision by a preponderance of the evidence as to whether or not the Respondent violated the policy provisions at issue. The hearing officer has broad authority to determine the process, timing and conduct of a hearing. For example, the hearing officer will determine the order of presentation, timing and overall duration of the hearing, what information and evidence will be heard, what information and questions are relevant to the determination of the matter, and what cross-examination questions will or will not be permitted.

Hearing officers, ordinarily one of Middlebury’s HROs, will be appointed by the CRTIX Coordinator. In selecting a hearing officer for a particular matter, the CRTIX Coordinator will take care to select an individual who does not have a conflict of interest or bias against Reporting Individuals or Respondents generally or an individual Reporting Individual or Respondent. Middlebury will notify the parties of the identity of the hearing officer in advance of the hearing, and parties may, within 3 calendar days of such notice, object to the service of the hearing officer by providing a written statement (which may be transmitted electronically) as to why the party believes that the hearing officer has a conflict of interest or bias. The CRTIX Coordinator or designee will make decisions regarding such objections and the appointment of an alternate hearing officer, as necessary.

Hearing officers may schedule a “pre-hearing conference” with each party (and each party’s advisor, if applicable) in advance of the hearing. The purpose of this pre-hearing conference is for the hearing officer to share with each party the purpose and scope of the hearing, the role of advisors during the hearing, hearing rules of decorum, and similar topics. It is not an opportunity to develop the factual record or discuss substantive aspects of the matter.

C. Advisors

Each party may have an advisor of their choice present at a hearing for the limited purpose of conducting cross-examination on behalf of that party. Advisors are not required to be attorneys, but attorneys are permitted to serve as advisors. If a party does not have an advisor of their choice present at a hearing, Middlebury will without fee or charge to the party provide an advisor of Middlebury’s choice, for the limited purpose of conducting cross-examination on behalf of that party. No later than 10 calendar days before the hearing, parties should inform the CRTIX Coordinator of the identity of any advisor of choice who will accompany them to the hearing, so that Middlebury will know whether or not it needs to arrange for the presence of a Middlebury-provided advisor, even if the party declines to attend the hearing.

At a time and manner deemed appropriate by the hearing officer, the advisor for each party will be permitted to ask the other party and any witnesses all relevant cross-examination questions and follow-up questions, including those challenging credibility. Advisors must comply with the conduct expectations for hearings. Except for the limited role of asking cross-examination questions, advisors may not participate actively in the hearing and may not speak or otherwise communicate on the part of the party that the advisor is advising. However, the advisor may consult privately in a non-disruptive manner with their advisee during and/or at a recess in the hearing. Scheduling accommodations generally will not be made for advisors if they unduly delay the process. Middlebury reserves the right to take appropriate action regarding any advisor who disrupts the process, or who does not abide by the restrictions on their participation as determined in the sole discretion of the hearing officer, which may include exclusion of the advisor from the hearing and the appointment of an alternate Middlebury-provided advisor.

D. Middlebury Faculty and Staff as Advisors 

A Middlebury faculty or staff member who agrees to serve as an advisor to a Reporting Individual or Respondent is not an agent of Middlebury when acting in that capacity and does not speak or act on Middlebury’s behalf while serving as an advisor.  The relationship between a party and their advisor for the TIX Sexual Harassment hearing is not confidential (or privileged), and the faculty or staff member’s duties to Middlebury—including all reporting obligations—remain intact.  Before agreeing to serve as an advisor, faculty and staff members should evaluate whether any conflict or potential conflict of interest may warrant their declining the invitation to serve as an advisor. In addition, only licensed attorneys can provide legal advice. Parties seeking legal advice should consult their attorney.

E. Requests for Appearance of Witnesses

If a Party wishes to have an individual appear at the hearing as a witness, they must provide notice of the identity of the proposed witness and a brief description of the subject matter of the witnesses’ testimony to the CRTIX Coordinator or designee at least 10 calendar days before the date of the hearing. The CRTIX Coordinator or designee, in consultation with the hearing officer as necessary, will determine whether the witness is likely to have information that is relevant to the hearing, and if it is determined that the witness is likely to have relevant information, the CRTIX Coordinator or designee will inform the witness that their presence at the hearing is expected. These provisions apply equally to both fact and expert witnesses.

F. Conduct of Hearings and Relevance

A) Report to be provided to Hearing Officer

At or before the hearing, the hearing officer will receive a copy of the final investigative report, any attachments thereto, and copies of the parties’ written responses to the investigative report, if any, which will be part of the information of record to be considered by the hearing officer to the extent appropriate in light of the rules regarding evidence to be considered that are outlined below.

B) General Order of the Hearing

(i) Subject to the discretion of the hearing officer, hearings will ordinarily begin with introductory remarks by the hearing officer to explain the process, followed by a brief opening statement from any party who wishes to provide one, followed by the hearing officer’s asking relevant initial questions of the parties as deemed appropriate by the hearing officer. During this portion of the hearing, advisors may confer privately and in a non-disruptive manner with their advisee, but they are not allowed to make opening statements or otherwise address the hearing officer or anyone else present at the hearing.

(ii) After the hearing officer has asked their initial questions of the parties, the hearing officer will permit each party’s advisor to ask the other party all relevant questions and follow-up questions, including those challenging credibility. Subject to the discretion of the hearing officer, questioning of witnesses will generally follow a similar process, whereby the hearing officer will pose relevant questions to each witness, then the parties’ advisors will be permitted to ask relevant questions of witnesses. In accordance with the 2020 Title IX regulations, such cross-examination by advisors will be conducted orally, and in real time by the party’s advisor of choice and never by a party personally.

(iii) Only relevant cross-examination and other questions may be asked of a party or witness. Before a Reporting Individual, Respondent, or witness answers a cross-examination or other question, the hearing officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Advisors are not permitted to object to hearing officer decisions regarding relevance during a hearing.

(iv) The evidence gathered throughout the investigation will be made available during the hearing, and each party and/or their advisor (as applicable) will have an equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.

(v) At the discretion of the hearing officer, parties (but not their advisors) will usually be given an opportunity to make a closing statement at the conclusion of the hearing.

C) Evidence

(i) Questions and evidence about the Reporting Individual’s sexual predisposition or prior sexual behavior are not relevant and will not be permitted, except for the limited circumstance where such questions and evidence about the Reporting Individual’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Reporting Individual, or if the questions and evidence concern specific incidents of the Reporting Individual’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

(ii) Information protected under a legally recognized privilege (such as, for example, privileged communications between a party and their physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in a treatment capacity, or privileged communications between a party and their attorney), are not relevant unless the person holding the privilege has waived the privilege in writing and the hearing officer determines it is relevant.

(iii) If a party or witness does not submit to cross-examination at the live hearing, the hearing officer will only consider any statement of that party or witness in reaching a determination regarding responsibility to the extent permitted by the law, Title IX regulations and/or U.S. Department of Education guidance that apply or applies as of the time of the hearing. The hearing officer will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

G. Record of Hearings

Middlebury will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.

H. Determinations Regarding Responsibility

Within a reasonable time, the hearing officer (and if necessary, the sanctioning authority, as provided below) will prepare and issue a written determination regarding responsibility and a recommendation on sanctions. In determining responsibility, the hearing officer will apply the preponderance of the evidence standard. The written determination will include:

  • Identification of the section(s) of Middlebury’s Non-Discrimination Policy alleged to have been violated
  • A description of the procedural steps taken from the receipt of the complaint through the determination, including but not limited to, as applicable, 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 definitions of Title IX Sexual Harassment in Middlebury’s Non-Discrimination Policy to the facts;
  • A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility; and
  • Identification of Middlebury’s procedures and permissible bases for the Reporting Individual and Respondent to appeal (as outlined below).

In making the determination, the HRO is in no way bound by the investigator’s final investigative report, which is advisory to the HRO. The HRO may accept or reject the investigator’s recommended finding(s) or proposed findings of fact in whole or in part. The HRO will reach their own independent conclusions based on the evidence of record and information obtained as a result of the hearing.

There will be no review and comment period following the issuance of the HRO’s Determination. The determination regarding responsibility becomes final either on the date that Middlebury provides the parties with the written determination of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.

If sanctions are necessary, they will be assigned in accordance with the Sanctions section below. The parties will receive notice simultaneously of the written determination and, if necessary, any sanctions as determined through the procedures outlined below.

VI. Sanctioning

1. If the hearing officer finds that the Respondent engaged in behavior that violates Middlebury policy, the CRTIX Coordinator will, in accordance with this Procedure, forward the case to the appropriate supervisory authority for the program at issue (“sanctioning authority”), who will assign a sanction or sanctions, and other actions as appropriate. The hearing officer and the sanctioning authority will collaborate on the creation of a single written determination that will include the hearing officer’s statement and rationale regarding responsibility as described in more detail above, a statement of and rationale for any disciplinary action Middlebury is imposing on the Respondent, and whether remedies designed to restore or preserve equal access to the educational program or activity of Middlebury will be provided by Middlebury to the Reporting Individual.

In determining the sanction or sanctions and/or other actions, the sanctioning authority will be guided by a number of considerations, including but not limited to the following:

  • The severity, pervasiveness and/or objective offensiveness of the behavior;
  • The nature of the Title IX Sexual Harassment;
  • The impact of the Title IX Sexual Harassment on the Reporting Individual;
  • The impact or implications of the Title IX Sexual Harassment within the Middlebury community;
  • Any prior misconduct by the Respondent, including the Respondent’s relevant prior conduct history, at Middlebury or elsewhere;
  • Whether the Respondent has accepted responsibility for the Title IX Sexual Harassment;
  • The maintenance of a safe, nondiscriminatory and respectful environment conducive to living, learning, and/or working, as applicable; and
  • Any other mitigating, aggravating, or compelling factors.

When a student Respondent is found responsible for sexual assault, suspension or expulsion are the likely outcomes.

2. Sanctions and other actions will go into effect at either the expiration of the deadline for the submission of an appeal where no appeal is submitted, or at the conclusion of the appeal process if applicable. This language does not preclude the possibility of emergency action as needed; please see Section II.D, Emergency Removals and Non-Student Administrative Leave.

3. If the hearing officer finds conduct that violates the Non-Discrimination Policy (or other Middlebury policies under investigation), the CRTIX Coordinator will provide the case materials to the appropriate supervisory authority or authorities. When multiple supervisory authorities are involved in assigning sanctions, they may collaborate with each other as appropriate.

For students, the sanctioning authority is the Dean of Students, the Dean of the Language Schools, the VPAA of the Institute, the Dean of the Bread Loaf School of English, or the Dean of International Programs (depending on the program the student is associated with).

For staff, the sanctioning authority is the appropriate Vice President (or designee) for the area or unit in which the staff member works.

If the adjudicating HRO finds that a faculty member has engaged in conduct that violates the Non-Discrimination Policy, or other Middlebury policies under investigation, if applicable (absent or following an appeal of that finding in accordance with this Procedure, if an appeal was granted), CRTIX will provide the case materials to the Provost. The Provost will initiate the appropriate procedures under the applicable Handbook policies and/or contracts. The Provost may also assign a designee—ordinarily the Vice President of Academic Affairs (VPAA)—to initiate the appropriate procedures under the applicable Handbook policies and/or contracts

After a review of the case materials and the hearing officer’s recommendation regarding sanctions, the supervisory authority may impose disciplinary sanctions. 

Sanctions for Prohibited Conduct could include written reprimands, probationary status, letters of official discipline, and/or suspension, expulsion, reassignment of duties, referral to other disciplinary processes, or termination from employment from any or all Middlebury program(s). Students should note that although sanctions for violation(s) of this policy can include any form of discipline as stated in this section, those found to have committed sexual assault will most likely receive a sanction of suspension or expulsion.  Middlebury may also take other non-disciplinary action as deemed appropriate under the circumstances (e.g., remedies applied to the Respondent to address the needs of the Reporting Individual, including but not limited to room changes, class changes, building restrictions, extracurricular activity restrictions, modification of No Contact Orders to favor the Reporting Individual, and other actions designed to restore or preserve the Reporting Individual’s equal access to Middlebury’s educational program or activity). Middlebury may also provide notice of the matter to the appropriate supervisory authority of any Middlebury program in which the Respondent intends to participate, who may consider this information in determining the Respondent's admission to the program and/or other program participation parameters, as appropriate. Notification of a finding of responsibility, sanction, or other action under this policy may also be provided to the home institution of non-Middlebury undergraduate and graduate students or any other program in which the student is enrolled or to which the student is pursuing enrollment.

4. In any case in which a finding of sexual misconduct, domestic or dating violence or misconduct, stalking or related retaliation has been issued, violation of a plan or directive to address the prohibited conduct or related sanction may be grounds for further discipline.

VII. Appeals

Either party may file an appeal from: 1) a determination regarding responsibility; and/or 2) the CRTIX Coordinator’s dismissal of a formal complaint or any allegations therein from the Title IX Sexual Harassment process, solely on the basis of one or more of the following circumstances:

  • Procedural irregularity that affected the outcome of the matter;
  • New evidence that could affect the outcome of the matter and that was not reasonably available at the time the determination regarding responsibility or dismissal was made has become available; and/or
  • The CRTIX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Reporting Individuals or Respondents generally, or the individual Reporting Individual or Respondent, that affected the outcome of the matter.

Regardless of which party appeals, both parties may participate in the appeals process. Middlebury will provide written notification to the Reporting Individual and the Respondent of any applicable appeal procedures at the time they receive the written determination regarding responsibility and any sanctions.

An appeal must be made in writing to the appropriate appellate officer. For matters involving student Respondents, appeals will be decided by the Vice President of Student Affairs (or designee). For matters involving staff Respondents, appeals will be decided by the Vice President of Human Resources (or designee). For matters involving College faculty Respondents, appeals will be decided by the Vice President of Academic Affairs (or designee) of the appropriate academic program.

An appeal must articulate one of the three bases above and provide information to support the appealing party’s argument. Appeals must be filed no later than 5 business days after the date on which Middlebury transmitted the hearing officer’s written determination to the parties. The CRTIX Coordinator or appellate officer may extend this deadline if warranted by the circumstances. Middlebury reserves the right to assign an alternate appellate officer to avoid a conflict of interest or bias.  The appellate officer will not be the same person as the hearing officer, the investigator, the CRTIX Coordinator, or a person who made a decision to dismiss a formal complaint.

Middlebury will notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties. The other party may then have a period of 5 business days to submit a statement in support of the written determination and/or in opposition to the appeal. Any such statement will be shared with the party who filed the appeal and their advisor.

CRTIX will also notify the Parties of the decision-maker for the appeal and permit the Parties a period of 2 business days to submit any written objection to the appellate decision-maker if they have evidence that the decision-maker has a bias or disqualifying conflict of interest. The CRTIX Coordinator will determine whether to sustain the objection and, if so, will assign an alternate appellate decision-maker.

The appellate officer will issue a written decision describing the result of the appeal and the rationale for the result; and Middlebury will provide the written decision simultaneously to both parties. The appellate officer’s decision on any appeal is the final step in the adjudication process, unless the appellate officer provides otherwise as discussed below.

The appellate officer may uphold the determination by the sanctioning authority, or modify the determination by the sanctioning authority or return the case to the original hearing officer (or an alternate, if warranted) in the event that the appellate officer concludes that either (1) a procedural irregularity affected the outcome of the matter;  (2) new evidence that could affect the outcome, and which was not available at the time of the determination, has become available; or (3) a conflict of interest or bias for or against Reporting Individuals or Respondents generally or the individual Reporting Individual or Respondent that affected the outcome of the matter.

It is the responsibility of the appellate officer to determine which if any aspects of the case merit a new review, and to direct the CRTIX Coordinator accordingly.

Absent extenuating circumstances, the appellate officer will notify the Reporting Individual and Respondent of the appeal decision simultaneously in writing within twenty business days of the appeal receipt deadline and will notify the CRTIX Coordinator in writing of any instructions for further action. This deadline may be extended if warranted by the circumstances. If this deadline is extended, the parties will be notified in writing at the time the extension is determined.

The decision to uphold or modify the determination by the appellate officer is final. If a case is returned for an additional hearing, the subsequent determination and/or sanction from that hearing are ordinarily final.

Pending Discipline (Students)

If a Respondent withdraws with a disciplinary matter, sanction, or appeal pending, the withdrawal will be considered a resignation from Middlebury, and the student will have given up the opportunity to return to Middlebury. The student’s official status at Middlebury will reflect the point in the process at which they withdrew, and the nature of the finding and sanction, as appropriate. Examples include but are not limited to "Withdrawal with a Disciplinary Matter Pending," "Withdrawal with a Disciplinary Sanction Pending," and "Withdrawal with a Disciplinary Appeal Pending."

In extraordinary circumstances, the appropriate supervisory authority may, after appropriate consultation, a review of the case, and consideration of Middlebury’s best interests, grant permission for a Respondent to withdraw from Middlebury when a disciplinary matter is pending. If the student is readmitted to Middlebury, the disciplinary matter must be resolved either before the student's return, or immediately upon the student's return (as determined by Middlebury).

VIII. Admission of Responsibility

If at any point a Respondent chooses to accept responsibility for violating all policies under investigation, an official designated by the CRTIX Coordinator will issue a determination and refer the matter to the appropriate supervisory authority or authorities for the program at issue in accordance with this Procedure. The appropriate supervisory authority or authorities will issue a sanction and/or take other action that is designed to restore or preserve the Reporting Individual's equal access to Middlebury’s education program or activity.

IX. Informal Resolution

A. General Information

Informal resolution is a voluntary option that does not involve a hearing process. Informal resolution may be used in Title IX Sexual Harassment matters in which a formal complaint has been filed by a Reporting Individual or signed by the CRTIX Coordinator.

The CRTIX Coordinator will assess the request for informal resolution in light of factors such as, but not limited to, the severity of the alleged violation and the potential risks to campus community members posed by the reported misconduct. Middlebury will only proceed with an informal resolution process if both parties provide their voluntary, written consent to initiate the informal resolution process. Middlebury will not offer or facilitate an informal resolution process in matters that involve allegations that an employee committed Title IX Sexual Harassment against a student.

At any time prior to reaching a determination regarding responsibility, Middlebury may facilitate an informal resolution process (e.g., mediation or restorative justice) where requested by one party and agreed to by the other party. If a party requests the initiation of an informal resolution process and the CRTIX Coordinator agrees that the matter is appropriate for informal resolution, Middlebury will provide to each party a written notice that discloses:

  • The allegations;
  • The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;
  • As noted below, Middlebury generally permits parties to withdraw from the informal resolution process and initiate or re-initiate a formal investigation and hearing process at any time before the informal resolution process is completed and any informal resolution is agreed to in writing by the parties); and
  • Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

The matter will be deemed resolved if and when the parties expressly agree in writing to an outcome that is acceptable to them, and which is approved by the CRTIX Coordinator (in consultation with other Middlebury administrators as deemed necessary).  A party may withdraw from the informal resolution process at any time prior to their execution of a written informal resolution agreement. After an informal resolution is agreed to in writing between the parties, neither party may initiate a formal resolution process regarding substantially the same factual allegations.

At any time before a matter is resolved through informal resolution, the CRTIX Coordinator may terminate an informal resolution process and initiate or re-initiate a formal investigation and hearing process at any time, as they deem appropriate in their discretion.

X. Training of Individuals Conducting Investigations and Adjudications and Facilitating Informal Resolution Processes 

The CRTIX Coordinator, investigators, decision-makers, sanctioning authorities, appellate authorities, and individuals facilitating informal resolution processes (collectively, “Middlebury Officials”) receive training on the definition of Title IX Sexual Harassment in this policy, the scope of Middlebury’s education programs or activities, how to serve impartially (including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias), and on issues of relevance of evidence as well as questions, including when questions and evidence about the Reporting Individual's sexual predisposition or prior sexual behavior are not relevant. Any materials used to train Middlebury Officials will not rely on sex stereotypes and will promote impartial adjudications of formal complaints. Middlebury will ensure that all Middlebury Officials comply with the standards on serving impartially that are outlined in this paragraph.

XI. Record Keeping 

The HROs and the CRTIX Coordinator will maintain as required by the May 2020 Title IX regulations any records related to Title IX Title IX Sexual Harassment cases and will keep confidential records and/or reports under this policy and the actions taken in response to those reports.

APPENDIX A

A. DEFINITIONS

1. Reporting Individual

Reporting Individual means an individual who is reported to have experienced conduct that could constitute Prohibited Conduct, regardless of whether the individual makes a report or seeks disciplinary action. “Reporting Individual” has the same meaning as “Complainant” as that term is used in the 2020 regulations; the terms “Complainant” and “Reporting Individual” may be used interchangeably for the purposes of this Procedure.

2. Respondent

A Respondent is an individual who has been reported to have engaged in conduct that could constitute Prohibited Conduct and whose alleged conduct is being investigated to determine if it is in violation of Middlebury’s policies.

3. Report

A Report is any information received by Middlebury College that a Reporting Individual has allegedly been subjected to conduct  which could constitute Title IX Sexual Harassment.  A Report is not a Formal Complaint and does not trigger a formal investigation or adjudication. Instead, reports serve as a basis for statistical reporting under the Jeanne Clery Act, and allow Middlebury to provide Supportive Measures to those who have experienced Title IX Sexual Harassment. Any Reporting Individual who reports Title IX Sexual Harassment will receive information about the Formal Complaint and Investigation Process.

4. Formal Complaint

Formal complaint means a document filed by a Reporting Individual or signed by the Civil Rights and Title IX Coordinator alleging Title IX Sexual Harassment against a Respondent and requesting that the recipient investigate the allegation of Title IX Sexual Harassment. At the time of filing a formal complaint, a Reporting Individual must be participating in or attempting to participate in the education program or activity of the recipient with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator under § 106.8(a), and by any additional method designated by the recipient.

5. Human Relations Officer

A Human Relations Officer (“HRO”) is an administrator responsible for overseeing investigations and adjudicating complaints under this Procedure. HROs are also the Civil Rights and Title IX Coordinator’s designees responsible for overseeing investigations and adjudicating sexual misconduct complaints in accordance with this Procedure.

6. Civil Rights and Title IX Coordinator

The Civil Rights and Title IX Coordinator ("CRTIX Coordinator") is the administrator designated and authorized to coordinate Middlebury’s efforts to comply with and carry out its responsibilities under Title IX. The CRTIX Coordinator’s responsibilities include overseeing the process for handling and responding to all complaints of possible sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

Middlebury’s CRTIX Coordinator also participates in Middlebury’s handling and responding to complaints of sexual misconduct, domestic and dating violence and misconduct, and stalking, as defined in this policy.

References throughout this Procedure to the CRTIX Coordinator should be read as including individuals to whom the CRTIX Coordinator has designated certain duties either in general or in the context of a particular case or situation.

7. Days

Unless otherwise noted, “days” indicates calendar days, regardless of whether the majority of Middlebury’s administrative offices are open. “Business days” indicates days on which the majority of Middlebury’s administrative offices are open and generally connotes Mondays through Fridays. In computing any period of time referenced in this Procedure, the day of the act or event (e.g., provision of evidence for review and response, issuance of a determination or sanction) from which the designated time period begins to run shall not be included. The last day of the period so computed shall be included if it is a business day; when not a business day, the period will conclude at the end of the next business day.

8. Parties

Only the Reporting Individual and Respondent are considered a “party” or “parties” as that term is used within this policy.

Published: August 14, 2020

Amended: September 10, 2021

Amended: May 9, 2025