Where the Title IX Coordinator receives a report of an incident or allegation of sexual harassment or a formal complaint is filed, the College will create records of any actions, including any supportive measures, taken in response to a report or formal complaint. In each instance, the College will document the basis for its conclusion that its response was not deliberately indifferent and document that it has taken measures designed to restore or preserve equal access to the College’s education program or activity. Deliberate indifference occurs only where a response to sexual harassment is clearly unreasonable in light of the known circumstances. Where supportive measures are not provided to a complainant, the College will document the reasons why such a response was not clearly unreasonable in light of the known circumstances.
The foregoing documentation, as well as the following, will be maintained by the College for a period of seven years:
- Each sexual harassment investigation, including any determination regarding responsibility and any audio or audiovisual recording or transcript;
- Any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the College’s education program or activity;
- Any appeal and the result therefrom;
- Any informal resolution and the result therefrom; and
- All materials used to train Title IX Coordinators, investigators, decision-makers, including Adjudicators and Appeal Board members, and any person who facilitates an informal resolution process. The College will make these training materials publicly available on its website.