Addendum A

2020 Title IX Resolution Procedures

A. Scope and Jurisdiction

As of August 1, 2024, in accordance with the 2024 Title IX Final Rule, the Claremont Colleges Sexual Misconduct and Sex-Based Harassment Interim Policy (“2024 TCC SM and SBH Policy”) establishes the following procedures for resolving Prohibited Conduct defined by that Policy:

Support-Based Resolution (Section XIII. Resolution Options, page 28)
Agreement-Based Resolution Process (Section XIII. Resolution Options, page 31)
Acceptance of Responsibility (Section XIV. Respondent’s Acceptance of Responsibility, page 36)
Investigation and Hearing Resolution Process (Section XV. Investigation and Hearing Resolution Process, page 38)

In addition to the above-mentioned 2024 procedures, these 2020 Title IX Resolution Procedures will be used to address:

Title IX Prohibited Conduct (as defined within Section B of this Addendum A) that is alleged to have occurred on or after August 1, 2024, and that falls within the jurisdiction identified in the section below; and
2020 Title IX Prohibited Conduct (as defined within Addendum B) that is alleged to have occurred between August 14, 2020 – July 31, 2024 and occurred with the Education Program or Activities as defined below.

1. Title IX Injunction Impacting the 2024 TCC SM and SBH Interim Policy

As of August 28, 2024, Claremont McKenna College (“CMC”) is subject to a federal court’s ruling that it must operate under the 2020 Title IX Final Rule, which has specific procedural rules for resolving certain types of Prohibited Conduct. This means that the Investigation and Hearing Procedures in the 2024 TCC SM and SBH Interim Policy cannot be used for certain types of Prohibited Conduct and these procedures (and included definitions) will be used instead.

Therefore, as of the effective date of this Policy, for students, faculty and staff who are subject to the 2024 TCC SM and SBH Interim Policy, Prohibited Conduct (as defined in Section B below)

Quid Pro Quo Sexual Harassment
Sex-Based Hostile Environment Harassment
Sexual Assault Under Title IX
Dating Violence
Domestic Violence
Stalking on the Basis of Sex

(collectively “Title IX Prohibited Conduct”), alleged to have occurred on or after August 1, 2024, will be processed under these 2020 Title IX Resolution Procedures until further notice, provided that the Title IX Prohibited Conduct occurred on CMC’s campus or in locations, events, or circumstances over which CMC exercised substantial control over both the Respondent and the context in which the Title IX Prohibited Conduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by CMC. The Respondent’s Home Institution’s Title IX Coordinator, in consultation with the Complainant’s Home Institution’s Title IX Coordinator (if different), and the Title IX Administrator will determine which set of procedures apply.

2. Title IX Prohibited Conduct Occurring Between August 14, 2020 and July 31, 2024

For Title IX Prohibited Conduct alleged to have occurred between August 14, 2020 and July 31, 2024 involving Complainants and Respondents from any TCC institutions, the 2020 Title IX Resolution Procedures outlined in this Addendum A will be followed using the definitions from the 2020 TCC Title IX Policy in effect at the time (see Addendum B, 2020 Title IX Prohibited Conduct Definitions.) The 2020 TCC Title IX Policy has been retired. Any conduct of concern that does not meet the definitions of Prohibited Conduct under Addendum B and/or falls outside the jurisdiction may be addressed through the appropriate campus policy.

Title IX Prohibited conduct is only covered under these procedures if the alleged conduct occurred within the TCC Institution’s “Education Program or Activity.” For purposes of these procedures, Education Program or Activity refers to all the operations of TCC, including, but not limited to: in-person and online educational instruction, employment, research activities, extracurricular activities, athletics, residence life, dining services, performances, and community engagement and outreach programs. The term applies to all activity that occurs on campus or on other property owned or occupied by TCC. It also includes off-campus locations, events, or circumstances over which TCC exercises substantial control over the Respondent and the context in which the Title IX Prohibited Conduct occurs, including Title IX Prohibited Conduct occurring in any building owned or controlled by a student organization that is officially recognized by TCC.

Conduct that does not occur within TCC’s Education Programs or Activities, as defined above, including conduct that takes place off-campus or within a TCC study abroad program, may still be addressed through other policies and processes, such as those under the Institution’s student codes of conduct, civil rights policies, discrimination and harassment policies, and/or any other applicable policy adopted by an individual Institution.General Principles

All other definitions in the 2024 TCC SM and SBH Policy) remain in effect and are applicable in these 2020 Title IX Procedures unless explicitly contradicted by these 2020 Title IX Procedures.
All principles stated in the 2024 TCC SM and SBH Policy remain in effect unless explicitly contradicted by the 2020 Title IX Resolution Procedures outlined in this Addendum. These principles apply to any conduct alleged to have occurred between August 14, 2020 and July 31, 2024 that requires the use of 2020 Title IX Prohibited Conduct definitions in Addendum B.
TCC reserves the right to use any of the provisions from the Formal Resolution Procedures in the 2024 TCC SM and SBH Policy that are necessary for processing a matter, provided that it does not conflict with the express requirements of these 2020 Title IX Resolution Procedures outlined in this Addendum A.
TCC reserves the right to consolidate cases that arise from the same set of facts and circumstances but involve conduct that does not meet the definitions or geographic jurisdiction stated above and process the case using these procedures.

B. Definitions of Title IX Prohibited Conduct Occurring On or After August 1, 2024 Processed Under These 2020 Title IX Resolution Procedures

(See Addendum B for the Definitions Used Prior to August 1, 2024)

Sex-Based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex as defined by Title IX, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, and gender expression. Sex-Based Harassment includes the following:

1. Quid Pro Quo

Quid Pro Quo is defined as:

Someone from or in the work or educational setting, including an employee agent, or other person authorized by a TCC Institution to provide an aid, benefit, or service under a TCC Institution’s education program or activity, who explicitly or implicitly conditions the provision of an aid, benefit, or service of a TCC Institution on an individual’s participation in unwelcome sexual conduct, which includes but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, including under any of the following conditions:

Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress;
Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual; or,
Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

Quid Pro Quo can include situations in which an employee, or agent, or individual who purports to have authority under a TCC Institution to provide and condition an aid, benefit, or service under the TCC Institution’s education program or activity on a person’s participation in unwelcome sexual conduct, even if that person is unable to provide that aid, benefit, or service.

Additionally, the threat of a detriment falls within the definition of Quid Pro Quo, whether or not the threat is actually carried out (e.g. the threat to award a poor grade to a student unless they participate in unwelcome sexual conduct could constitute Quid Pro Quo as it is a condition placed on the provision of the student’s education, which is a service of a TCC Institution).

Conditions may involve academics and extracurricular activities within TCC.

2. Sex-Based Hostile Environment Harassment in Programs and Activities

Sex-Based Hostile Environment Harassment is defined as:

Unwelcome sex-based conduct (where sex includes sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity and gender expression) that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from any TCC Institution’s education program or activity; or
Unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting where the conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.

3. Sexual Assault under Title IX

Sexual Assault is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. In California, Affirmative Consent is required.1

For the purpose of these definitions, a Sexual Act is defined as conduct between persons consisting of:

Contact between the penis and the vulva, or between penises and vulvas;
Contact between the penis and the anus;
Contact between the mouth and the penis;
Contact between the mouth and the vulva;
Contact between the mouth and anus;
Contact between anuses; or,
Contact involving any of the above or the buttocks or breasts.

Private body parts include all of the body parts specified above, including genitals, groin area, breasts and buttocks.

Sexual Assault includes:

Rape—The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. In California, Affirmative Consent is required. Attempted Rape falls under this prohibition. (This type of conduct is not eligible for mediation as a form of agreement-based resolution2 in California).
Fondling—The touching of the private body parts of another for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity. In California, Affirmative Consent is required. (This type of conduct is not eligible for mediation as a form of agreement-based resolution in California).

Private body parts include genitals, groin area, breasts, and buttocks.
Incest—Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. (This type of conduct is not eligible for mediation as a form of agreement-based resolution in California).
Statutory Rape—Sexual intercourse with a person who is under the statutory age of consent. In California the statutory age of consent is 18. (This type of conduct is not eligible for mediation as a form of agreement-based resolution in California).

4. Dating Violence

Dating Violence is violence committed by a person:

Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
Where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship;
- The type of relationship; and
- The frequency of interaction between the persons involved in the relationship.

Emotional and psychological abuse do not constitute violence for the purposes of this definition.

5. Domestic Violence

Domestic violence is violence committed by a person who:

Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the State of California or a person similarly situated to a spouse of the victim;
Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
Shares a child in common with the victim; or
Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the State of California.

Emotional and psychological abuse do not constitute violence for the purposes of this definition.

6. Stalking on the Basis of Sex

Engaging in a course of conduct, on the basis of sex, directed at a specific person that would cause:

a reasonable person to fear for the person’s safety or the safety of others; or
suffer substantial emotional distress.

C. Formal Complaint to Initiate the 2020 Title IX Resolution Procedures

a. Formal Complaint

A Formal Complaint is a document filed by a Complainant, or signed by the Title IX Coordinator, alleging Prohibited Conduct, as defined in this Policy, against a Respondent that occurred within the scope and jurisdiction of this Policy. A Formal Complaint is required to be filed to initiate these 2020 Title IX Resolution Procedures for:

Title IX Prohibited Conduct Occurring Prior to August 1, 2024 at any TCC Institution’s Education Programs and Activities or within a TCC Institution’s jurisdiction for Title IX;
Title IX Prohibited Conduct Occurring after August 1, 2020 to present in CMC’s Education Programs and Activities or within CMC’s jurisdiction for Title IX.

b. Filing a Formal Complaint

A Formal Complaint may be filed with the Complainant’s Home Institution’s Title IX Coordinator in person, by mail, by electronic means (email or by submitting an online report form via the Home Institution’s Title IX Office website, if applicable), by using the contact information listed in Section # of the 2024 TCC SM and SBH Policy .

Where the Home Institution’s Title IX Coordinator signs a Formal Complaint, the Home Institution Title IX Coordinator is not a Complainant or otherwise a Party. A Formal Complaint shall initiate the 2020 Title IX Resolution Procedures outlined in this document except as specified below. The Formal Complaint should include the date(s) of the alleged incident(s), the name of the Respondent, the location(s), and should describe the circumstances of the incident(s), where known.

c. Dismissal of a Formal Complaint

i. Mandatory Dismissal

The Title IX Coordinator whose Home Institution has jurisdiction over the education programs and activities where the incident is alleged to have occurred shall dismiss the Formal Complaint, or any included allegations, at any time, if it is determined that:

the conduct alleged in the Formal Complaint would not constitute Prohibited Conduct as defined by this Addendum A, even if proved,
the conduct did not occur in the TCC’s education program or activity, and is not within the jurisdiction of this Addendum A,
The Title IX Coordinator is unable to identify the Respondent after taking reasonable steps to do so;
the conduct did not occur against a person in the United States; and/or
at the time of filing the Formal Complaint, the Complainant was not participating in or attempting to participate in a TCC Institution’s education program or activity.

This dismissal does not preclude action under another policy or procedure of the Respondent’s Home Institution, if different.

ii. Discretionary Dismissal

The Title IX Coordinator whose Home Institution has jurisdiction over the education programs and activities where the incident is alleged to have occurred may dismiss the Formal Complaint or any included allegations, if at any time:

A Complainant notifies their Home Institution’s Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any included allegations;
The Respondent is no longer enrolled in or employed by CMC, or any TCC Institution;
Specific circumstances prevent CMC or TCC from gathering evidence sufficient to reach a determination as to the Formal Complaint or included allegations; or
It is determined that the Prohibited Conduct occurred prior to August 14, 2020, in which case, Respondent’s Home Institution’s policy prohibiting the alleged conduct then in effect shall be used.

The Title IX Coordinator whose Home Institution has jurisdiction over the education programs and activities where the incident is alleged to have occurred may dismiss a Formal Complaint at any time in the process if it becomes known that one of the foregoing reasons for dismissal applies. A decision to close or dismiss a matter on any of the above-listed factors is made at the discretion of the Title IX Coordinator whose Home Institution has jurisdiction over the education programs and activities where the incident is alleged to have occurred.

Upon a dismissal required or permitted under this section, the TCC Title IX Administrator will promptly send written notice of the dismissal and reason(s) simultaneously to the Parties. The Respondent’s Home Institution may also refer the matter for further resolution under other policies and procedures.

iii. Consolidation of Formal Complaints

TCC may consolidate Formal Complaints as to allegations of Title IX Prohibited Conduct 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 Title IX Prohibited Conduct arise out of the same facts or circumstances. Where a grievance process involves more than one Complainant or more than one Respondent, references in this section to the singular “Party,” “Complainant,” or “Respondent” include the plural, as applicable.

D. Resolution Process and Principles

a. Notice of Allegations (“NOA”)

Upon receipt of a Formal Complaint, prior to commencing the investigation or Agreement-Based Resolution Procedure, as defined in Section d. below, the TCC Title IX Administrator shall provide the following written notice to the Parties who are known. The NOA shall include:

The Policy (as a link or attachment).
Notice of the allegations potentially constituting Title IX Prohibited Conduct as defined in this policy, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the Parties involved in the incident, if known, the conduct allegedly constituting Title IX Prohibited Conduct under this policy, and the date and location of the alleged incident(s), 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 2020 Title IX Resolution Process.
Notification to the Parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney.
Notification to the Parties that they may inspect and review evidence, as set forth in the Policy.
Any provision in the respective Party’s Home Institution’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
Notice that factual and policy findings will be based on a Preponderance of the Evidence standard of evidence.
Information regarding all possible sanctions that may be imposed as a result of this resolution process (as set forth in the 2024 TCC SM and SBH Policy.

The NOA shall be amended any time during the investigation to include additional allegations of Title IX Prohibited Conduct and potential policy violations identified during the investigation that are not included in the initial Notice of Allegations. The TCC Title IX Administrator will provide the Amended Notice of Allegations to the Parties whose identities are known.

b. Resolution Process Options

i. Agreement-Based Resolution

Consistent with the requirements of this section, after the submission of a Formal Complaint and at any time prior to reaching a determination regarding responsibility, the Parties may voluntarily and mutually agree to engage in an Agreement-Based Resolution that, depending on when initiated, may not involve a full investigation, and no adjudication (hearing and policy findings), provided that the Parties’ Home Institution Title IX Coordinator(s):

Provide to the Parties a written notice disclosing:
- The allegations,
- The requirements of the Agreement-Based Resolution Process including the circumstances under which it precludes the Parties from resuming a Formal Complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the investigation and hearing resolution process with respect to the Formal Complaint, and
- Any consequences resulting from participating in the Agreement-Based Resolution process, including the records that will be maintained or could be shared.
Obtains the Parties’ voluntary, written consent to the Agreement-Based Resolution process; and
Does not offer or facilitate an Agreement-Based Resolution process to resolve allegations that an employee sexually harassed a student.
In accordance with California state law, does not offer or facilitate mediation as an Agreement- Based Resolution process option for allegations involving sexual assault or sexual violence.
Completes the facilitation of the Agreement-Based Resolution process and finalizing of the Resolution Agreement between the Parties within 60 days of receiving the Formal Complaint, unless unusual or complex circumstances exist.
Complies with its legal obligations under Title VII and FEHA.

Agreement-Based Resolution cannot be offered in the 2020 Title IX Resolution Procedures unless a Formal Complaint is filed.

More information regarding the available options, and facilitation process for the Agreement-Based Resolution process are provided in Section XIII of the 2024 TCC SM and SBH Interim Policy.

ii. Investigation of Formal Complaint

The TCC Title IX Administrator, in consultation with the Parties’ Home Institutions’ Title IX Coordinator(s). will designate a trained Investigator to conduct an adequate, reliable and impartial investigation, in a reasonable timeframe. TCC reserves the right to utilize an internal or external investigator. The Parties will be provided with notice of the identity of the designated Investigator and will be informed that any objections to the designation of the Investigator on grounds of conflict of interest or bias for or against complainants or respondents generally, or an individual Complainant or Respondent, may submit an objection pursuant to Section V of the Policy. The TCC Title IX Administrator will decide promptly whether the designated Investigator will or will not continue to conduct the investigation. Any materials collected or notes prepared by the Investigator during the objection period will be turned over to any replacement Investigator. The replacement Investigator will decide whether to use such materials or not.

When investigating a Formal Complaint, TCC shall, within 90 -120 business days of receiving the Formal Complaint, unless unusual or complex circumstances exist:

Engage in fact-gathering (but not fact-finding) of all relevant facts. Provide all parties equal opportunity to meet with the Investigator, submit relevant evidence, and identify relevant witnesses. Credibility resolutions and fact-finding shall be conducted in the live hearing phase of the grievance process.
Provide all Parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the adjudicator may not rely in reaching a determination regarding responsibility, 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.
Prior to completion of the investigation and issuance of the Final Investigation Report, , the TCC Title IX Administrator shall provide each Party and the Party’s advisor, if any, access to the evidence subject to inspection and review in an electronic format or a hard copy (Preliminary Investigation Report), and the Parties must have at least 10 business days to submit a written response, which the Investigator will consider prior to completion of the Final Investigation Report. This process is called the Evidence Review Process.
Make all such evidence subject to the Parties’ inspection and review available at any hearing to give each Party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination; and
Complete the Final Investigation Report that fairly summarizes relevant evidence and issue the Final Investigation Report at least 10 business days prior to a hearing. The Final Investigation Report will not include findings of fact, findings of policy, or credibility determinations for Parties or witnesses, as these will be the responsibility of the hearing officer at the hearing. The TCC Title IX Administrator shall provide each Party and the Party’s advisor, if any, access to the Final Investigation Report in an electronic format or a hard copy, for their review and written response. Written responses are incorporated into the materials that can be reviewed and considered by the Hearing Officer. The TCC Title IX Administrator shall provide the Final Investigation Report and any attachments to the Hearing Officer.

iii. Principles for the 2020 Title IX Resolution Procedures

In addition to following the principles applicable to all Resolution Procedures and all Formal Resolution Procedures in the 2024 TCC SM and SBH Policy that do not conflict with these 2020 Title IX Resolution Procedures, when implementing these 2020 Title IX Resolution Procedures, TCC shall:

Not restrict the ability of either Party to discuss the allegations of Title IX Prohibited Conduct under investigation or to gather and present relevant evidence.
Provide the Parties with the same opportunities to have others present during any during any part of the Resolution Process, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the Complainant or Respondent in any meeting or part of the Resolution Process. However, TCC may establish restrictions regarding the extent to which the advisor may participate in the Resolution Process, as long as the restrictions apply equally to all Parties.

iv. Live Hearing and Adjudication Process Under the 2020 Title IX Resolution Procedures

a. Requirement of a Live Hearing for Fact-Finding and Determining Responsibility

Following the investigation, within 30 business days of sending the Final Investigation Report to the Parties, unless unusual or complex circumstances exist, a live hearing will be conducted, led by a designated individual Hearing Officer, who will make credibility determinations, findings of fact, and findings of policy regarding the allegations and relevant policy/policies Respondent is alleged to have violated.

The TCC Title IX Administrator, in consultation with the Parties’ Home Institution’s Title IX Coordinator(s), will designate a Hearing Decisionmaker distinct from the Hearing Coordinator, any Home Institution Title IX Coordinator, and the Investigator, who will preside over the hearing and draft the Hearing Decision Report, including remedies and sanctions, if applicable. The Hearing Decisionmaker is a single individual. TCC reserves the right to utilize internal or external Decisionmakers. The Hearing Decisionmaker is responsible for overseeing the hearing, making procedural determinations, managing the questioning process, and issuing the Hearing Decision Report, as well as a Remedies and Sanctions Determination, if applicable.

The Hearing Coordinator will provide the Parties with written notice of the Hearing Decisionmaker’s identity at the time of scheduling the hearing, as well as information regarding any Party’s option to object to the Hearing Decisionmaker based on actual conflict of interest or bias pursuant to Section V of the Policy. The TCC Title IX Administrator will make the final decision whether to select an alternate upon a challenge from a Party.

The live hearing will be closed. In addition to any appropriate administrators from the Parties’ Home Institutions, the only other individuals permitted to participate in the hearing are as follows: the Complainant(s) and Respondent(s), the Hearing Decisionmaker, the advisor for each Party, the support person for each Party, if any, any witnesses (only while being questioned), and any individual providing authorized accommodations or assistive services.

If a Party does not have an advisor for the live hearing, the Party’s Home Institution shall provide without fee or charge to that Party, an advisor of that Home Institution’s choice, who may be, but is not required to be, an attorney, to conduct cross examination on behalf of that Party of the other Party/ies and witnesses. Each Party’s Home Institution is obligated to ensure each Party has an advisor, either of the Party’s or the Home Institution’s choice regardless of whether or not the Party is present at the hearing. To ensure timely proceedings, a Party shall alert their Home Institution’s Title IX Coordinator as soon as practicable if the Party will need an advisor for the hearing.

At the discretion of the TCC Title IX Administrator, and in consultation with the Hearing Officer and Parties’ Home Institutions’ Title IX Coordinators, live hearings may be conducted with all Parties physically present in the same geographic location or, any or all Parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear the Parties and the witness answering questions. As standard practice, the Parties will be physically separated during the hearing and participate virtually unless all Parties request otherwise.

The Hearing Coordinator is responsible for ensuring there is an audio or audiovisual recording, or transcript, of any live hearing. Upon written request to the TCC Title IX Administrator, the recording or transcript will be made available to the Parties for inspection and review. Any other recording, by any means, is prohibited, and violations may result in discipline from the Party’s Home Institution.

The Parties will be provided an opportunity to separately participate in a pre-hearing meeting with the Hearing Decisionmaker to go over the process and administration of the live hearing. Participation in this pre-hearing meeting is strongly encouraged in order to facilitate an efficient and fair administration of the live hearing process.

b. Questioning at the Live Hearing

At the live hearing, the Hearing Decisionmaker must permit each Party’s advisor to ask the other Party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.
Only relevant questions may be asked of the other Party or witness (referred to as “cross-examination”).
The Hearing Decisionmaker also has the right to question any Party or witness who participates in the live hearing.
Cross-examination at the live hearing must be conducted directly, orally, and in real time by the Party’s advisor of choice and never by a Party personally. TCC and/or the Hearing Decisionmaker may restrict the extent to which advisors may participate in the proceedings.
Before the Complainant, Respondent, or witness answers a cross-examination or other question, the Hearing Decisionmaker must first determine whether the question is relevant and will instruct the Party or witness being asked the question whether they may answer. The Hearing
Decisionmaker must explain to the Party proposing the question(s) any decision to exclude a question as not relevant.
Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

c. Use of Party and Witness Statements

The Hearing Decisionmaker cannot 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 submit to questioning, although this decision may impact the information available to the Hearing Decisionmaker in reaching their decision. The Hearing Decisionmaker may draw inferences if a Party or witness selectively participates in the hearing (for example, answers some questions, but declines to answer others).

d. Party Statements Regarding Remedies and Sanctions

Within five (5) business days of the hearing, each Party may provide to the TCC Title IX Administrator a written statement, limited to three (3) pages, related to suggested remedies and sanctions, and any other relevant information specific to remedies and sanctions for the Hearing Decisionmaker to consider in making their sanctions determination. If a Party chooses not to provide a written statement in accordance with this section, they will not be provided with an additional opportunity to submit a written statement to the Hearing Decisionmaker.

If the Hearing Decisionmaker determines there was a Policy violation, the Hearing Decisionmaker will notify the TCC Title IX Administrator before issuing their Hearing Decision. The TCC Title IX Administrator will provide the Hearing Decisionmaker with copies of the Party statements. The TCC Title IX Administrator will also provide copies of the Party statements to the Parties’ Home Institution Title IX Coordinator(s) and appropriate administrator(s).

If the Hearing Decisionmaker determines there was not a Policy violation, the TCC Title IX Administrator will not release the Party statements to the Hearing Decisionmaker.

v. Hearing Decision Report from the Hearing Decisionmaker

Within fifteen (15) business days from the hearing, the TCC Title IX Administrator will issue to the Parties simultaneously the Notice of Hearing Outcome and Hearing Decision Report, which will include the Hearing Decisionmaker’s policy, and sanctioning, determinations, as applicable. If the Hearing Decisionmaker determines there was a policy violation, the Hearing Decision Report will also include a remedies and sanctions determination. To reach this determination, the Hearing Decisionmaker will consider the investigation record, including the Final Investigation Report and attachments, and the evidence provided at the hearing in drafting their Hearing Decision Report. The Hearing Decisionmaker will apply the preponderance of evidence in making their determination, as required by the Policy. The Hearing Decision Report must include:

Identification of the allegations potentially constituting Title IX Prohibited Conduct as defined by this policy;
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 other evidence, and hearings held;
Findings of fact supporting the determination;
Policy findings;
A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, if applicable, and whether remedies designed to restore or preserve equal access to the relevant education program or activity will be provided to the Complainant; and
The procedures and permissible bases for the Complainant and Respondent to appeal, as set forth in the following section.

If the Hearing Decisionmaker finds a Policy violation, the Hearing Decisionmaker and TCC shall follow the procedures set forth below and in Section XVII of the 2024 TCC SM and SBH Interim Policy, and the Hearing Decision Report will include a Remedies and Sanctions Determination.

If the Hearing Decisionmaker does not find a violation of Policy, the Hearing Decisionmaker’s Hearing Decision Report will not include sanctions.

The TCC Title IX Administrator will explain the Appeal Rights and Process, including the permissible bases for appeal, in the Notice of Hearing Outcome. The Hearing Decisionmaker’s determinations become final on the date on which an appeal would no longer be considered timely (see Section XVIII of the Policy).

The determination regarding responsibility becomes final either on the date that the TCC Title IX Administrator provides the Parties with the written determination of the result of the appeal (Appeal Decision), if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

E. Remedies and Sanctions

Section XVII. Remedies and Sanctions of the 2024 TCC SM and SBH Policy sets forth the procedures to be followed should the Hearing Decisionmaker find a Policy violation(s) occurred. A student or employee found responsible for a Policy violation will be subject to sanction(s) regardless of whether legal proceedings involving the same incident are pending or anticipated.

If the Hearing Decisionmaker determines there was a Policy violation, prior to issuing the Hearing Decision Report, the Hearing Decisionmaker will notify the TCC Title IX Administrator of this determination. The TCC Title IX Administrator will take two steps:

Home Institution Written Recommendations: They will notify the Home Institution Title IX Coordinator(s) and the appropriate administrator(s) of each Parties’ Home Institution. The Parties’ Home Institutions may submit a written recommendation related to remedies and sanctions, and any other relevant information that would be important for the Hearing Decisionmaker to consider in making their Remedies and Sanctions Determination. The Home Institution’s written recommendation shall be completed collaboratively between each Party’s Home Institution Title IX Coordinator and/or other appropriate Student Affairs administrator(s). The Parties’ Home Institutions will provide those recommendations to the TCC Title IX Administrator, who will transmit them to the Hearing Decisionmaker. The Parties’ Home Institution written recommendations will not be shared with the Parties; and
Party Statements: Pursuant to Section XVI.C.1, they will provide the Hearing Decisionmaker with any submitted written Party statements. If a Party did not provide a written statement, the Party will not be provided with an additional opportunity to submit a written statement to the Hearing Decisionmaker. Any submitted Party statement(s) will not be shared with the other Parties.

The Hearing Decisionmaker will make their Remedies and Sanctions Determination based on the factual and Policy findings, written Party statements, written Home Institution recommendations, and other factors relevant to sanctioning as outlined below. The Hearing Decisionmaker shall give significant weight to the written Home Institution recommendations in issuing remedies and sanction(s). Expulsions and employment terminations are at the sole discretion of the Respondent’s Home Institution. The Hearing Decisionmaker will decide if remedies are appropriate in order to restore or preserve the Party’s equal access to TCC’s education, activity, and/or employment. Such remedies may include Supportive Measures. However, unlike Supportive Measures, remedies need not be non-disciplinary or non-punitive and need not avoid unreasonably burdening the Respondent. A list of factors a Hearing Decisionmaker may consider in issuing sanctions, as well as the list of potential sanctions that can be imposed are provided in the 2024 TCC SM and SBH Policy Section XVII. Remedies and Sanctions.

F. Appeal Rights and Appeal Decisions Issued Under the 2020 Title IX Resolution Procedures

a. Grounds for Appeal

Within five (5) business days of receiving the Notice of Hearing Outcome and Hearing Decision Report, or notice of dismissal, either Party may appeal a determination regarding responsibility, or a decision to dismiss of a Formal Complaint or any included allegations, on the following grounds:

Ground 1

Procedural irregularity that affected the outcome of the matter. The appealing party must describe in their appeal the procedural error and its impact on the decision outcome.

Ground 2

New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter. Information that was known to the party during the resolution process but which they did not present is not considered new evidence or information.

The appealing party must describe in their appeal how the new evidence would change the decision outcome and why the new evidence was not reasonably available or reasonably known prior to the appeal. and

Ground 3

Any Party’s Home Institution Title IX Coordinator, the TCC Title IX Administrator, Investigator(s), or Hearing Decisionmaker 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 appealing party must describe in their appeal the alleged conflict of interest or bias held by the individual and how this impacted the decision outcome.

Ground 4

The sanctions are disproportionate to conduct for which the Respondent accepted responsibility, or to the Hearing Decisionmaker’s findings.

Appeals must be sent to the TCC Title IX Administrator in writing at TitleIXAdmin@claremont.edu.

The submission of an appeal pauses the implementation of any sanctions, and any change in student or employee status, during the pendency of the appeal(s). Supportive Measures remain available during the appeal process.

b. Response to Appeal

As to all appeals in the Title IX Resolution Procedures, the TCC Title IX Administrator • Notify the other Party in writing within two (2) business day when an appeal is filed and implement appeal procedures equally for all Parties;

Designate an appropriately trained Appeal Decisionmaker to review the submitted appeal(s) and draft an Appeal Decision
Ensure that the Appeal Decisionmaker is not the same person as the Hearing Decisionmaker or individual that reached the determination regarding responsibility or dismissal, the Investigator, or any Party’s Home Institution’s Title IX Coordinator;
Ensure that the Appeal Decisionmaker complies with the process and standards set forth in this
policy;
Provide the non-appealing Party an opportunity to submit a written statement in response to the appeal within five (5) business days of receiving the appeal, which shall be transmitted within two (2) business days to the Appeal Decisionmaker for their review and consideration in their decision; and
Any submitted appeal and response is limited to ten (10) pages. Requests to submit an appeal response of more than ten (10) pages must be sent to the TCC Title IX Administrator, along with an explanation as to why additional pages are needed.

c. Appeal Clarification

If the Appeal Decisionmaker needs clarification on any point raised in the appeal, they may make a written request for clarification from the Appealing Party, through the TCC Title IX Administrator. The Appealing Party may respond in writing. The TCC Title IX Administrator will transmit the written response to the Appeal Decisionmaker. The Appeal Decisionmaker may not communicate directly with the Parties. The TCC Title IX Administrator will provide copies of any written communications to the Non-Appealing Party and to the Parties’ Home Institution Title IX Coordinator(s).

d. Notice of Appeal Decision and Appeal Decision Report

The TCC Title IX Administrator will send the Notice of Appeal Decision to the Parties within ten (10) business days of the submission of an appeal response from the Non-Appealing Party (or the deadline for the Non-Appealing Party to submit a response). The Notice of the Appeal Decision will include a copy of the written Appeal Decision Report. The notice will inform the Parties that there is no further review of the matter, no further right to appeal, and if applicable, that the matter is closed.

The Appeal Decision Report will include a description of the ground(s) for the appeal, a summary of the issues raised on appeal, a statement regarding the evidence considered, a statement describing the decision was made based on the preponderance of the evidence standard, and the determination regarding the appeal.

In their Appeal Decision Report, the Appeal Decisionmaker may do the following:

Uphold the findings and sanctions;
Overturn the findings and/or sanctions;
Modify the findings and/or sanctions; or
Remand the case, to the Investigator for additional fact-gathering, or for a new hearing based on new evidence which could change the outcome; or
If the Appeal Decisionmaker finds that the Title IX Coordinator, TCC Title IX Administrator, Investigator(s), and/or Hearing Decisionmaker had an actual conflict of interest or bias that changed the decision outcome, the Appeal Decisionmaker may, as appropriate, remand the case for a new hearing with a new Hearing Decisionmaker, or remand the case for a new investigation with a new investigator.

The determination regarding responsibility and sanctioning becomes final on the date of the Appeal Decision Report, unless the Appeal Decision Report determines further investigation, and/or a new or additional hearing or investigation is necessary based on new evidence available or actual conflict of interest or bias.

e. Final Remedies and Sanctioning Determination

After the issuance of the final decision (the Notice of Hearing Outcome and Hearing Decision Report if there is no appeal, or the Notice of Appeal Decision), the TCC Title IX Administrator will send a Notice of Final Outcome and Sanctions to the Parties, with a copy to the designated Student Affairs, faculty, or Human Resources administrator(s) within the Respondent’s Home Institution, as appropriate. The designated administrator will review the issued remedies and sanctions and determine if any enhancements are warranted based on a Respondent’s disciplinary history. Recommendations for enhancements based on a prior disciplinary history are not shared with the other Party.

For student Respondents, the Respondent’s Home Institution’s Title IX Coordinator is responsible for ensuring completion of the sanction(s), which may include collaboration with the appropriate Student Affairs administrator(s), as necessary.

For employee Respondents, the Respondent’s Home Institution’s designated Human Resource professional or other designated administrator is responsible for ensuring completion of the discipline or sanction(s). The Human Resource professional or other designated administrator shall update the Respondent’s Home Institution Title IX Coordinator on sanction completion and/or compliance.