Definitions

Advisor

A person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any. 

Complainant

An individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.

Respondent

An individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.

Complaint (formal)

A document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that the College investigate the allegation.

Confidential Resource

An employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).

Day

A business day when the College is in normal operation.

Directly Related Evidence

Evidence connected to the complaint, but is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and will not be relied upon by the investigation report.

Education program or activity

Locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by the College.

Final Determination

A conclusion by preponderance of the evidence that the alleged conduct did or did not violate policy. 

Finding

A conclusion by preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).

Formal Grievance Process

A method of formal resolution designated by the College to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations (34 CFR §106.45). 

Grievance Process Pool

Includes any investigators, hearing officers, appeal officers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).

Hearing Panel

Refers to those who have decision-making and sanctioning authority within the College’s Formal Grievance process. The Hearing Panel may be internal or external individuals

Appeal Officer

Designated to decide appeals submitted by a Complainant or Respondent. Depending on the circumstances of each case, the College reserves its right to select a different Appeals Officer to decide an appeal.  

Investigator

The person or persons charged by the College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.

Mandated Reporter

An employee of the College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator 

Notice

An employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct. 

Official with Authority (OWA)

An employee of the College explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the College. 

Parties

Include the Complainant(s) and Respondent(s), collectively. 

College

Whittier College

Relevant Evidence

Evidence that tends to prove or disprove an issue in the complaint.

Remedies

Post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the College’s educational program.

Resolution 

The result of an informal or Formal Grievance Process.

Sanction

A consequence imposed by the College on a Respondent who is found to have violated this policy.

Sexual Harassment

The umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence. See Section 17.b., for greater detail.

Title IX Coordinator

At least one official designated by the College to ensure compliance with Title IX and the College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks. 

Title IX Team

The Title IX Coordinator, any deputy coordinators, and any member of the Grievance Process Pool.

This policy was updated on November 12, 2020