1.0 Standard Operating Procedure (SOP) Purpose

The purpose of the Sexual and Gender-Based Misconduct Complaint Procedure is to provide a prompt, fair, and impartial response to Formal Complaints made pursuant to the Sexual and Gender-Based Misconduct Policy (Policy) from the initial investigation to the final result.

Specifically, this process will address Formal Complaints of Sexual Harassment, Gender-Based Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, Provision of Alcohol and/or Other Drugs for Purposes of Prohibited Conduct, and Retaliation (Prohibited Conduct).

This procedure is grounded in fairness and support for all parties and includes procedural protections that ensure nondiscrimination, adequate notice, and meaningful opportunities to participate. The University makes the presumption that reports and formal complaints are made in good faith and presumes that the Respondent is not responsible for the alleged Prohibited Conduct until a determination is made at the conclusion of this procedure. The implementation of any interim measure does not impact the presumption that a Respondent is presumed not responsible for the alleged Prohibited Conduct. This procedure is also in compliance with relevant provisions of the Violence Against Women Reauthorization Act; Title VII of the Civil Rights Act of 1964; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; and other applicable federal and Rhode Island state laws.

2.0 SOP

This procedure applies to Students and Employees as defined in the Policy when:

• the conduct occurs outside of the United States in University programs and activities abroad; and/or
• the conduct occurs off-campus, in the United States, involving locations, events, or circumstances where Brown does not exercise substantial control over both the Respondent and the context in which the alleged Prohibited Conduct occurred, and the effects of the Prohibited Conduct have a continuing discriminatory effect at Brown.

Determining Prohibited Conduct

The Title IX and Gender Equity Office applies the policy defining the Prohibited Conduct that was in effect at the time of the alleged conduct and the procedures that are in effect when the Formal Complaint is filed.

The Title IX and Gender Equity Office currently utilizes two procedures to resolve Formal Complaints:

• The Title IX Grievance Procedure is used to resolve Formal Complaints filed under the Title IX Policy, which was enacted to comply with the August 2020 Title IX regulations.
• The Sexual and Gender-Based Misconduct Complaint Procedure is used to resolve Formal Complaints filed under the Sexual and Gender-Based Misconduct Policy and all Formal Complaints that allege Prohibited Conduct that occurred prior to August 14, 2020.

Note: Complaints involving student Respondents who are participants in Summer@Brown or Pre-College Programs should refer to the policies and procedures governing students enrolled in those programs.

2.1 Initial Assessment

When the Title IX Coordinator receives a report or Formal Complaint of alleged Prohibited Conduct, they will conduct an initial assessment to gain a basic understanding of the nature and circumstances of the allegation. This is ordinarily a meeting, which may be held virtually, with the reporting party or Complainant, if different, where the Title IX Coordinator will provide the reporting party verbal and written information about campus resources and response options. Such information will include, but not be limited to, a written explanation of their rights, disciplinary options on campus, how to report to local law enforcement, the importance of the preservation of evidence, confidentiality parameters, and remedial interim protective and support measures available.

The Title IX Coordinator will use the report and knowledge gathered in this meeting to assess if further risk of harm exists for the reporting party, Complainant, or the campus community; or if the report demonstrates a pattern of Prohibited Conduct involving the same Respondent. If any of these conditions exist, the Title IX Coordinator will take the appropriate interim action.

Upon receipt of a report or other knowledge of alleged Prohibited Conduct, the Title IX Coordinator will promptly contact the individual(s) alleged to be harmed by or subjected to the Prohibited Conduct to: (i) inform them of the availability of Support Measures (as defined below) and existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available; (ii) consider their wishes with respect to support measures; (iii) inform them of the availability of support measures with or without the filing of a Formal Complaint or reporting to law enforcement; (iv) explain the process for filing a Formal Complaint; (v) explain the importance of preserving related evidence because doing so may assist in proving an alleged criminal offense occurred or may be helpful in obtaining a protection order; (vi) explain the options for filing a civil or criminal complaint; and (vii) provide the individual with a written explanation of their rights and options.

Upon receipt of a report or other knowledge of alleged Prohibited Conduct, the Title IX Coordinator may take appropriate actions to provide the Complainant with protective measures. Such protective measures may include no-contact orders, restraining orders, or no-trespass orders, as applicable. If requested, the University’s Department of Public Safety will assist Covered Persons in filing/applying for orders of protection, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.

Note: In all cases in this process when the term Title IX Coordinator or other University official is used, the term shall also mean a designee.

2.2 Filing a Complaint

A Complainant may submit a Formal Complaint at any time while the Respondent is enrolled or employed at Brown. A Formal Complaint is a request for an investigation and initiation of this complaint procedure. Only a Complainant or the Title IX Coordinator can submit a Formal Complaint. A Complainant who wishes to proceed with this procedure must submit a written and signed document (in hard copy or electronically) against a Respondent that factually details the incident in which the Prohibited Conduct by the Respondent is alleged. A Formal Complaint must be submitted to the Title IX Coordinator.

A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, using the contact information below.

Title IX and Gender Equity Office
20 Benevolent Street
titleixoffice@brown.edu
Title IX Coordinator: 401-863-2026
Title IX Case Manager: 401-863-5140

Online reporting form: Gender Discrimination and Sexual Violence Incident Reporting Form

Initial Assessment of the Formal Complaint

Upon receipt of the Formal Complaint, the Title IX Coordinator will make the following determinations to decide if the allegation(s) fall within the scope of the applicable policy:

• Could the alleged facts set forth by the Formal Complaint, if substantiated, constitute Prohibited Conduct under the Policy?
• Was the Complainant a Covered Person as defined in the Policy when the alleged Prohibited Conduct occurred?
• Is the Respondent currently enrolled in or employed by the University?

If the answer to any question is “NO” then the Policy and this procedure do not apply to the Formal Complaint. The Formal Complaint will be referred to the appropriate policy, Code, or University Office.

If the answer to each question is “YES” then the Policy and this procedure apply, and the Title IX and Gender Equity Office has the authority to investigate and resolve the Formal Complaint.

2.3 Standard of Evidence

In all stages of the process, Brown University applies the preponderance of the evidence standard (more likely than not) when determining whether the Policy has been violated.

2.4 Time Frame for Reporting

The University will accept a report of Prohibited Conduct at any time, although the University’s ability to investigate may be limited by the passage of time. There is no time limit on submitting a Report; however, a Complainant seeking to use this procedure must submit a Formal Complaint while the Respondent is enrolled or employed at the time at which the Formal Complaint is received.

If the Respondent is no longer affiliated with Brown (e.g., a Formal Complaint is made after a student is no longer enrolled or has graduated, or an employee is no longer employed by Brown), the University will provide reasonably available remedial measures as appropriate, will assist the Complainant in identifying external reporting options, and may take appropriate action to address the Prohibited Conduct.

2.5 False Allegations and Evidence

Deliberately false and/or malicious allegations are a serious offense and may be subject to discipline under appropriate University policy. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a Policy violation determination.

Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence, or deliberately misleading an official conducting an investigation, hearing, or informal resolution may be subject to discipline under appropriate University policies.

2.6 Amnesty

Brown University may offer amnesty to Complainants, Respondents, reporting parties, and/or witnesses who disclose the personal ingestion of alcohol or other drugs in violation of the University Alcohol and Drug Policy, in violation of Brown’s Code of Student Conduct, and/or disclose a violation of established Health Protocols when making a report of Prohibited Conduct or participating in an investigation unless the University determines there is malicious intent. Although amnesty safeguards the individual from a disciplinary notation or finding of responsibility for a policy violation, it does not exempt the University from taking appropriate action to address the conduct and/or mitigate future violations.

2.7 Conflict of Interest

The Title IX Coordinator, Investigator, Decision-Makers, and Facilitators of Informal Resolution Processes will be free from conflicts of interest and bias for or against Complainants or Respondents. Such personnel will receive training on how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

The Title IX and Gender Equity Office will check for conflicts of interest with the parties, Investigator, and Decision-Makers. The parties are expected to promptly report a concern(s) regarding a conflict of interest or bias regarding the above-listed personnel to the Title IX Coordinator once they become aware of the conflict of interest or bias. Complainants and Respondents are expected to promptly report a concern(s) regarding a conflict of interest or bias regarding the Title IX Coordinator to the Vice President for Campus Life as soon as they become aware of the conflict of interest or bias. Upon receiving a report of conflict of interest or bias, the University will evaluate the report, and if it is determined that a conflict of interest or bias exists, the University will appoint another individual to serve in the role.

2.8 Informal Resolution

An informal resolution is an alternative to the formal resolution which entails an investigation and adjudication. The informal resolution process is intended to create a facilitated resolution that is acceptable to both the Complainant and Respondent. An informal resolution can be the full and final resolution of a Formal Complaint.

An informal resolution process may occur if:

1. A Complainant submits a Formal Complaint to the Title IX Coordinator;
2. Both the Complainant and Respondent voluntarily agree in writing to participate in the informal resolution process after being provided the Notice of Investigation and Allegations (“NOIA”) (see “Notice of Informal Resolution” section 2.9.1 below); and
3. The Title IX Coordinator determines an informal resolution process is appropriate based on the nature of the allegations in the Formal Complaint.

An informal resolution can be requested by a Complainant or Respondent at any time after a Formal Complaint has been submitted up to the start of a Title IX hearing. The Complainant and Respondent may withdraw from an informal resolution process before agreeing to a resolution. If a Complainant or Respondent chooses to end an informal resolution process prior to agreeing to a resolution, the formal resolution process will resume with respect to the Formal Complaint. Generally, any information obtained during the attempted informal resolution process will not be used in a subsequent investigation of the Formal Complaint.

Engaging in the informal resolution process is not an admission of responsibility for the allegation or an admission of the falsehood of the allegations. The existence of an informal resolution is not viewed as a finding of responsibility against the Respondent.

Once a Formal Complaint has been resolved through an informal resolution process, the matter will be closed. This means allegations resolved through an informal resolution will not advance through the formal resolution process unless the terms of the informal resolution are broken or incomplete. If a term of the informal resolution is broken or incomplete, the information obtained may be submitted as evidence in a subsequent investigation involving the Complainant and/or Respondent.

In all cases, the Title IX Coordinator will have the discretion to determine whether an informal resolution or mediation is appropriate to the circumstances. An informal resolution may include mediation for some limited types of Prohibited Conduct. Mediation may not be an appropriate option for cases involving a report of sexual assault and/or relationship and interpersonal violence nor for circumstances involving severe misconduct.

The University will generally allow only one informal resolution per Respondent. Informal resolutions are not permitted between Student Complainants and Employee Respondents.

2.8.1 Notice of Informal Resolution Request

The Title IX Coordinator will provide the Complainant or Respondent written notice of the other party’s interest in resolving a Formal Complaint through the informal resolution process. Written notice will include:(i) a copy of the Formal Complaint; (ii) a summary of the guidelines for an informal resolution and the participant’s rights in the process: (iii) the requirements under which the procedure precludes the parties from resuming a formal resolution process arising from the same allegations; and (iv) any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

The Complainant or Respondent will have five (5) business days to respond to the informal resolution request indicating whether they have an interest in participating in the informal resolution process. In the instance when a party does not reply to the notice or a party does not voluntarily agree to participate in the informal resolution process, the University will begin an investigation into the Formal Complaint by proceeding with the formal resolution process.

2.8.2 Privacy of Informal Resolution

The existence of an informal resolution and/or the agreed-upon terms are considered private information maintained in the Title IX and Gender Equity Office. The existence of an informal resolution and/or the agreed-upon terms may be shared with a limited circle of individuals in the University who “need to know” in order to: (i.) assist in implementing the agreed-upon terms; (ii.) monitor the agreed upon terms; (iii.) engage in a risk assessment involving the Complainant or Respondent; (iv.) implement support or protective measures; or (v.) perform University operations.

The Title IX Coordinator may use the information obtained during an informal resolution process as evidence when investigating the Formal Complaint when the terms of an informal resolution are broken or incomplete.

The Title IX Coordinator may also use the information obtained during an informal resolution as evidence when investigating a Formal Complaint if a subsequent allegation of Prohibited Conduct involving the same Respondent is made and the alleged Prohibited Conduct is distinctively similar to the conduct alleged in the informal resolution process. If this occurs, the relevant portion of the Formal Complaint may be shared with an Investigator and the Complainant may be called as a witness.

2.8.3 Acceptance of Responsibility for Impact

As a component of the informal resolution process involving Students as the Complainant and Respondent, the Student Respondent must accept responsibility for the harm or impact caused by the Prohibited Conduct alleged in the Formal Complaint. Accepting responsibility for the harm or impact does not mean the Student Respondent accepts responsibility for engaging in Prohibited Conduct as set out in University Policy.

A Student Respondent who is interested in accepting responsibility for a policy violation is welcome to do so but should note that accepting responsibility for Prohibited Conduct may be considered factual evidence in a Formal Complaint investigation when an informal resolution is not reached or the terms are broken or incomplete.

2.8.4 Developing Terms of the Informal Resolution

The Complainant and Respondent may propose terms for the informal resolution agreement. The terms should be designed to remedy the adverse effects the alleged Prohibited Conduct has on the Complainant and/or to restore the Complainant’s equal access to the programs and activities of Brown. Informal resolutions between faculty and/or staff will include a supervisor, Senior Dean, Office of the Provost, or University Human Resources who may also suggest proposed terms.

The Title IX Coordinator will review the proposed and final terms and will remove those terms that are not permissible under University policy or practice and/or federal or state law. The Title IX Coordinator may consult with the relevant University officials such as a supervisor, Department Chair, Senior Dean, Office of the Provost, Campus Life or University Human Resources when determining the permissibility of a proposed term(s).

After the Title IX Coordinator’s review, the parties will have five (5) business days from the date of delivery of the informal agreement to review the terms. They should indicate their willingness to accept all, some, or none of the proposed terms. They may also propose alternative strategies to meet a specific term they reject.

The Title IX Coordinator will send the Complainant and/or Respondent a copy of the other party’s response to the proposed terms. The Complainant or Respondent will have a subsequent five (5) business days from the date of delivery of the new terms to consider and respond to the revised terms.

The informal agreement is reached when both parties independently and voluntarily come to an agreement on terms. The above process may be repeated as reasonably necessary to come to a final agreement. Upon agreement and signature (in hard copy or electronically) by both the Complainant and Respondent, the Formal Complaint is considered resolved and closed.

2.8.5 Violations of the Informal Resolution

The Complainant and Respondent must identify and agree upon the consequences for violating the terms of the informal resolution. The Title IX Coordinator will consult with the relevant University officials such as a supervisor, Department Chair, Senior Dean, Office of the Provost, or University Human Resources when determining the permissibility or appropriateness of the proposed consequences. If the consequences for violating the informal resolution are not determined, the matter will continue in the formal resolution process. The Complainant and Respondent cannot agree to Suspension, Expulsion, or Termination as consequences for violating the terms of the informal resolution.

2.8.6 No Right of Appeal

The informal resolution is grounded in the voluntary participation of the Complainant and Respondent. For this reason, there is no right of appeal associated with the informal resolution process.

2.8.7 Time Frame for the Informal Resolution Process

The University cannot promise a definitive timeframe for an informal resolution process as the time to complete the agreement is unique to each set of Complainants and Respondents. Below is an overview of the approximate time associated with the major stages of the informal resolution process after the Title IX Coordinator receives a Formal Complaint. All timeframes set forth in this process may be adjusted at the discretion of the Title IX Coordinator. The Complainant and Respondent will be notified of any delays or extensions of these timeframes and will be provided with a revised timeline to resolve the complaint.

• Written notice of Formal Complaint – Three (3) business days from receipt of the Formal Complaint
• Written notice of a request for informal resolution process – Three (3) business days from receipt of the request from either the Complainant or Respondent
• Drafting of terms - Five (5) business days (this step may be repeated as necessary)
• Review of proposed terms – Five (5) business days (this step may be repeated as necessary)
• Review and sign off on the final terms – Five (5) business days.

2.8.8 Recordkeeping

The Formal Complaint and final informal resolution agreement will be maintained for a period of seven (7) years in accordance with the records retention schedule of the University. Records of supportive measures will be maintained for a minimum period of seven (7) years.

2.9 Formal Resolution Process

A formal resolution process will occur when (i.) a Complainant submits a Formal Complaint and requests to begin the formal resolution process; (ii.) the University engages in an assessment of threat and determines that the Title IX Coordinator should proceed with the formal resolution process because there is reasonable cause to believe that the Respondent poses a significant threat of harm to the health, safety, and welfare of the Complainant or Brown community; or (iii.) the Title IX Coordinator identifies a pattern of alleged Prohibited Conduct involving the same Respondent.

In the event of (ii.) or (iii.) above, the Title IX Coordinator will draft and sign a Formal Complaint in lieu of a Complainant and the formal resolution process will proceed as indicated below.

All parties whose participation is invited or expected in the formal resolution process will be provided written notice of the date, time, location, participants, and purpose of all investigative interviews, hearings, or other meetings with sufficient time to prepare to participate.

2.9.1 Notice to the Respondent(s)

The Title IX Coordinator will provide the Respondent with a written Notice of Investigation and Allegation (“NOIA”) along with the Formal Complaint. The written notice will include: (i) information about the availability of an informal resolution process and a formal resolution process, as outlined herein; (ii) notice of the Complainant’s allegations of Prohibited Conduct including sufficient details known at the time (sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Prohibited Conduct as defined in the Policy, and the date and location of the alleged incident, if known); (iii) 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 formal resolution process; (iv) information regarding the parties’ right to have an Advisor of their choice, who may be, but is not required to be, an attorney; (v) a statement that the parties may inspect and review evidence (in accordance with “Evidence Review and Final Investigation Report” section 2.9.2 below); and (vi) a statement that Brown prohibits parties from knowingly making false statements or knowingly submitting false information during any process outlined in this procedure. The Respondent will have five (5) business days following the date of delivery of the written notice to respond to the Formal Complaint but is not required to respond. A response to the Formal Complaint may include acceptance or denial of responsibility for the alleged Prohibited Conduct. The response may, but is not required to, address the factual allegations within the Formal Complaint. Any response submitted will be provided to the Complainant and the Investigator.

2.9.1.1 No Response to Written Notice

In instances when the Respondent does not reply to the written notice, the formal resolution process will continue. The Title IX and Gender Equity Office will make a good faith effort to contact the Respondent to notify them of the Notice of Investigation and Allegation again and the ensuing stages of the formal resolution process.

A Respondent’s silence in response to the Notice of Allegation and Investigation and Formal Complaint will not be viewed as an admission of responsibility but may leave the allegations undisputed. If the Respondent chooses to participate in the formal resolution process after the investigation report is finalized, they will be given the opportunity to participate in the subsequent steps of the process.

2.9.2 Investigation

The Title IX Coordinator will appoint one or more Investigators to conduct the fact-finding for the case. The Title IX Coordinator will have the discretion to determine whether the Investigator will be internal (an employee at Brown) or external (a qualified individual outside of the Brown community), or a combination of both internal and external Investigators.

The role of the Investigator will be to gather, assess, and synthesize the relevant evidence in a report that sets forth the facts determined to have occurred. The Investigator has the discretion to determine the relevance of any witness or other evidence and may exclude information from the final investigation report if the information is irrelevant, immaterial, or more prejudicial than informative. The Investigator does not make a final determination as to whether a policy violation has occurred.

The Investigator may include credibility assessments in the final investigation report, where appropriate, based on the Investigator’s interviews with the Complainant, Respondent, and witnesses, and review of the material evidence and the basis of those assessments. The credibility assessment may include direct observations, reasonable inferences drawn from the facts, and any consistencies or inconsistencies between the various sources of information.

Complainants and Respondents should be aware that additional allegations of Prohibited Conduct that are different from allegations in the Notice of Investigation and Allegation may arise in the course of the investigation. If an additional allegation is identified during the course of an investigation and the University decides to investigate such allegations, the Title IX Coordinator will issue the Complainant and Respondent notice of the new allegation and amend the Notice of Investigation and Allegation accordingly. The Respondent will be provided three (3) business days from the date of delivery of the notice of the new allegation to respond to the new allegation.

Unauthorized video or audio recordings of investigative interviews are not permitted by the parties or their Advisors.

To protect the privacy of the parties and safeguard the contents of the investigation report, the draft and final investigation report will be sent through an electronic format that limits the parties’ ability to edit, download, or print the investigation report. These limitations will be amended as needed to adhere to reasonable accommodation related to a disability that is documented with the University.

To ensure that the Investigator is complying with their role as outlined in these procedures, the Title IX Coordinator will review the investigation report in advance of the parties for thoroughness and accuracy and may return the investigation report to the Investigator in instances where the Investigator does not comply with their role, the Title IX Coordinator questions an initial decision of relevance of evidence, clarification is needed, or the potential policy violation is not addressed in a manner consistent with the Policy definition.

2.9.2.1 Counterclaims

The University is obligated to ensure that the grievance process is not abused for retaliatory purposes, thus, counterclaims made with retaliatory intent will not be permitted. The University permits the filing of counterclaims but uses an initial assessment to assess whether the allegations in the counterclaim are made in good faith.

Counterclaims determined to have been reported in good faith will be processed using the Sexual and Gender-Based Misconduct Complaint Procedure. Investigation of such claims may take place after the resolution of the underlying initial complaint, in which case a delay may occur.

Counterclaims may also be resolved through the same investigation as the underlying complaint at the discretion of the Title IX Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this policy.

2.9.2.2 Extensions

A Complainant and/or Respondent may ask the Title IX Coordinator for an extension to a deadline or to pause the investigation or other stages of the formal resolution process for good cause. Possible reasons that constitute good cause may include but are not limited to, the absence of a party or a party’s Advisor, concurrent law enforcement activity, the need for language assistance or accommodation of disabilities, or other extenuating circumstances outside of the control of the party. Extensions to accommodate an Advisor’s schedule, including scheduling of interviews or hearings, will be considered if they do not unduly delay the process, which is considered to be a delay of three (3) or more business days.

Upon granting a party’s request for an extension and/or pause, the Title IX Coordinator will provide the Complainant and Respondent with written notice of the temporary delay or limited extension of timeframes and the reason for the extension and/or pause.

2.9.2.3 Witnesses

The Complainant, Respondent, and witnesses are permitted to provide names of potential witnesses to the Investigator. The Investigator will determine which of those potential witnesses, or other persons may have relevant evidence about the alleged conduct and may request statements, either orally or in writing. Witnesses may include individuals outside of the Brown community.

A witness’s participation is voluntary and witnesses do not have a right to an Advisor. Witnesses cannot participate in an investigation and remain anonymous. All witnesses will be asked to review their statements with the Investigator.

2.9.2.4 Evidence

Complainants, Respondents, and witnesses are permitted to provide evidence to the Investigator. Evidence may include text messages, email exchanges, timelines, receipts, photographs, videos, etc. The Investigator may also gather and consider additional documents, items, or other relevant information.

The Investigator will determine whether the evidence is relevant. Information that does not directly relate to the allegations in the Formal Complaint may be considered irrelevant to the determination of whether the conduct alleged violates the Policy.

• Pattern Evidence: A report of Prohibited Conduct that is so distinctively similar and closely resembling the behavior in the Formal Complaint may be considered as evidence. The Investigator may consider this as pattern evidence regardless of whether there has been a prior finding of a Policy violation. Pattern evidence may occur before or after the conduct in question. This information may be deemed relevant to determine whether the conduct alleged violates the Policy and/or to assign appropriate discipline.
• Character Evidence: Information that does not directly relate to the facts at issue, but instead reflects upon the reputation, personality, qualities, or habits of an individual is character evidence and will be given lesser weight than information that directly relates to the facts of the case when determining whether the conduct alleged violates the Policy.
• Prior Sexual History: Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are generally not relevant. Questions and evidence about the Complainant’s prior sexual behavior are only considered relevant in two circumstances: (i) when the questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant; or (ii) when 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.
• Other Disciplinary Cases: Information about prior, concurrent, or pending campus disciplinary cases or criminal charges involving the Complainant and/or Respondent is typically viewed as irrelevant to the investigation unless determined to be so distinctly similar or contemporaneous such that the other conduct may be considered pattern evidence.
• Privileged Information: The University will not require, allow, rely upon, or otherwise permit questions or use of evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege. Notwithstanding the foregoing, if a person holding such a privilege has waived the privilege, then the information may be used during an investigation or live hearing. In gathering evidence, the University will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.

2.9.3 Evidence Review and Final Investigation Report

Prior to the completion of the investigation report, the Title IX and Gender Equity Office will send the parties a redacted draft report and all evidence that is relevant to the allegations raised in the Formal Complaint. Relevant evidence may be obtained from a party or other source during the investigation.

The parties will have ten (10) business days from the date of delivery to review the draft report and the evidence and submit a written response to the Title IX Coordinator for the investigator to consider prior to the completion of the investigation report.

In their response, the Complainant and Respondent may offer additional comments, clarify information previously shared, suggest additional witnesses, question relevance determinations, or identify any other relevant information or evidence to assure the thoroughness and sufficiency of the investigation.

All evidence subject to the parties’ inspection and review will be made available at the hearing to give each party an equal opportunity to refer to such evidence during the hearing, including for the purpose of cross-questioning.

Upon consideration of the responses submitted by the parties, the Investigator will finalize the investigation report in a way that fairly summarizes the relevant evidence. The Investigator may request additional information or interview additional witnesses to finalize the document. Once the investigation report is finalized, it will be provided to the Title IX Coordinator.

For both the draft and final investigation reports, the Title IX Coordinator will review the investigation report in advance of the parties for thoroughness and accuracy and may return the investigation report to the investigator in instances where the Investigator does not comply with their role, clarification is needed, or the potential Policy violation is not addressed in a manner consistent with the Policy definition.

At least ten (10) business days prior to the live hearing, the Title IX Coordinator or designee will send a copy of the finalized investigation report to the parties. Also, at least ten (10) business days prior to the live hearing, the Title IX Coordinator will send a copy of the finalized investigation report to the following trained individuals with roles and responsibilities in the hearing process and determination of the case: (1) the Hearing Officer in a case involving a Student Respondent, or (2) the Chair of the Title IX Council and the Hearing Panel in a case involving a Faculty or Staff Respondent. See Sections 2.9.4.1 through 2.9.4.3 below regarding the respective roles and responsibilities of (a) the Hearing Officer (in Student Respondent cases only) or (b) the Chair of the Title IX Council and the Hearing Panel (in Faculty or Staff Respondent cases only).

The parties may review the finalized investigation report and provide a written response to the Hearing Officer (in Student Respondent cases only) or the Hearing Panel (in Faculty or Staff Respondent cases only) within three (3) business days before the hearing date.

To protect the privacy of the parties and safeguard the contents of the investigation report, the draft and final investigation report will be sent through an electronic format that limits the parties’ ability to edit, download, save, or print the investigation report.

Note: The University reserves the right to redact certain information that is not directly related to the allegations.

2.9.4 Hearing

The University conducts a live virtual hearing in which the parties can simultaneously see and/or hear each other. Hearings are recorded by the University only and subject to a proctored review by the parties after the hearing upon request during the pendency of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted.

Section 2.9.4.1 below describes the role and responsibilities of the “Hearing Officer,” who presides at the live hearing in a case involving a Student Respondent. Sections 2.9.4.2 and 2.9.4.3 below describe the respective roles of the “Chair of the Title IX Council” and the “Hearing Panel,” who participate collectively at the live hearing in a case involving a Faculty or Staff Respondent. Within these Sexual and Gender-Based Misconduct Complaint Procedures, all references to the “Hearing Officer” shall apply only to a Student Respondent case, while all references to the “Chair of the Title IX Council” and the “Hearing Panel” shall apply only to a Faculty or Staff Respondent case.

The Title IX Coordinator or designee will select a date for the hearing based on the availability of the Hearing Officer (for Student Respondent cases only) or the Title IX Hearing Chair and the Hearing Panel (for Faculty and Staff Respondent cases only) and will consider participants’ academic or work schedules when identifying the hearing date. The Title IX Coordinator will not consider an Advisor’s schedule when selecting a hearing date. Advisors will need to work with their advisees around scheduling.

• Timing: A hearing will be scheduled for a date at least ten (10) business days after the final investigative report is provided to the parties; typically a hearing will be held within fifteen (15) business days from the date that the final investigative report was provided. This timeframe may be extended for good cause as provided for in this Procedure; if granted, the reason for the extension will be shared with the parties in writing.

Note: The University requires the parties to be on camera during their questioning and verbal statement only. The parties will be muted and off-camera during the other phases of the hearing.

2.9.4.1 Hearing Officer (Student Respondent Cases Only)

A single Hearing Officer presides at the live hearing and decides a case involving a Student Respondent. The Hearing Officer receives training to hear and decide Formal Complaints investigated under the Policy. The Title IX Coordinator will send the Hearing Officer a copy of the final investigation report at least ten (10) business days before the date of the hearing.

The Hearing Officer is responsible for administering the hearing process, including procedural matters and decisions leading up to the hearing. The Hearing Officer is also responsible for drafting the determination letter that summarizes the findings, rationale, and outcome.

Following the live hearing, the Hearing Officer shall determine whether or not the Student Respondent has violated the Policy by a preponderance of the evidence and make the determination regarding responsibility or non-responsibility and Discipline (if applicable). The Hearing Officer shall draft a written determination in accordance with Section 2.9.4.8 below.

2.9.4.2 Chair of the Title IX Council

During the live hearing in a case involving a Faculty or Staff Respondent, the Chair of the Title IX Council (“Chair”) presides over the Hearing Panel as a trained non-voting member. The Chair is responsible for administering the hearing process, and conducting the deliberations process, including procedural matters and decisions leading up to the hearing. The Chair is also responsible for drafting the written determination letter in accordance with Section 2.9.4.7 below that summarizes the hearing's findings, rationale, and outcome.

2.9.4.3 Hearing Panel (Faculty and Staff Respondent Cases Only)

The Hearing Panel decides cases involving Faculty and Staff Respondents. The Hearing Panel is comprised of one to three individuals who receive training to hear Formal Complaints investigated under the Policy. The Title IX Coordinator will send the Hearing Panel a copy of the final investigation report at least ten (10) business days before the date of the hearing. At the conclusion of the live hearing, the Hearing Panel will convene to deliberate and render a decision, by majority vote, regarding whether or not the Respondent has violated the Policy by a preponderance of the evidence and determine Discipline (if applicable). No member may abstain from voting.

The number and composition of the Hearing Panel are determined by the affiliation of the Respondent (i.e. Faculty or Staff). When a Respondent holds multiple relationships to the University, the Respondent’s affiliation will be determined by the role they were in when the alleged Prohibited Conduct occurred.

• Hearing Panel for Faculty Respondent: A Hearing Panel where both the Complainant and Respondent are faculty will consist of three (3) faculty members drawn from the Title IX Council. If the Complainant is a student or staff member, the Hearing Panel will consist of two faculty (2) and one (1) student or staff member, respectively, drawn from the Title IX Council. The Hearing Panel will deliberate and make a determination regarding responsibility and Discipline (if applicable). The Senior Academic Dean of the Respondent or Senior Director of Employee and Labor Relations may be substituted for a three (3) person Hearing Panel in instances in which the Title IX and Gender Equity Office is unable to populate a panel due to urgency, time of year, or conflict of interest.
• Hearing Panel for Staff Respondent: A Hearing Panel where both the Complainant and Respondent are staff will consist of three (3) staff members drawn from the Title IX Council. If the Complainant is a student or faculty member, the Hearing Panel will consist of two (2) staff members and one (1) student or faculty member, respectively, drawn from the Title IX Council. The Hearing Panel will deliberate and make a determination regarding responsibility and Discipline (if applicable). The Senior Director of Employee and Labor Relations may be substituted for a three (3) person Hearing Panel in instances in which the Title IX and Gender Equity Office is unable to populate a panel due to urgency, time of year, or conflict of interest.

2.9.4.4 Opening Statements

The Complainant and Respondent will have the opportunity to give an opening statement of no more than 10 minutes. If both the Complainant and Respondent choose to make an opening statement, the Complainant will make an opening statement first and the Respondent will make an opening statement second.

During the live hearing in a Student Respondent case, the Hearing Officer will disregard opening statements or any portions thereof that are more prejudicial than probative, introduce new allegations, or introduce irrelevant or immaterial evidence.

During the live hearing in a Faculty or Staff Respondent case, the Chair will instruct the Hearing Panel to disregard opening statements or any portions thereof made that are more prejudicial than probative, introduce new allegations, or introduce evidence deemed irrelevant or immaterial by the Chair.

2.9.4.5 Direct Questioning

The Hearing Officer (in Student Respondent cases) or the Hearing Panel (in Faculty or Staff Respondent cases) may pose questions to the parties, Investigator, and witnesses (if applicable) to elicit relevant factual information missing from the final investigation report or to clarify any information or exhibits in the report. The presumption is that the Investigator has identified and interviewed all relevant witnesses and supplied the information necessary for the Hearing Officer or Hearing Panel to render a decision and determine Discipline (if applicable).

During direct questioning, the Hearing Office or Hearing Panel will ask questions (if any) of the Investigator first followed by the Complainant and then the Respondent.

During a hearing involving a Faculty or Staff Respondent, the Title IX Council Chair has the discretion to approve or deny requests from the Hearing Panel to gather additional evidence or question a witness during a hearing. The Chair will make determinations of relevance upon the asking of the question by the Hearing Panel and before the response is given. The hearing process does not allow the Complainant or Respondent to challenge the relevance decision of the Chair during the hearing or of the Investigator’s relevance decisions in the final investigation report. Challenges to relevance decisions by the Chair may be addressed through the appeals process as a material procedural error, not during the live hearing.

2.9.4.6 Verbal Closing Statement and Written Statement

The Complainant and Respondent will be granted the opportunity to appear before the Hearing Officer (Student Respondent cases) or Hearing Panel (Faculty or Staff Respondent cases) if they wish to make a verbal closing statement.

During the live hearing in Student Respondent cases, the Hearing Officer will disregard verbal closing statements or any portions thereof that are more prejudicial than probative, introduce new allegations, or introduce irrelevant or immaterial evidence.

During the live hearing in a Faculty or Staff Respondent case, the Chair will instruct the Hearing Panel to disregard verbal closing statements or any portion thereof made that are more prejudicial than probative, introduce new allegations, or introduce evidence deemed irrelevant or immaterial by the Chair. If both the Complainant and Respondent choose to make a verbal statement, the Complainant shall appear first, and the Respondent shall appear second.

In addition to a verbal closing statement, Complainants and Respondents may submit a written statement to the Hearing Officer or Hearing Panel, which must be submitted to the Title IX Coordinator three (3) business days before the hearing. The written statement should be no more than ten (10) 8 ½ by 11 pages, double spaced, in 12-point font, with one-inch margins, and should not include information that is more prejudicial than probative, introduces new allegations, or introduces irrelevant or immaterial evidence. Any such information, allegations, or evidence will be redacted or removed by the Title IX Coordinator before the statement is shared with the Hearing Officer or Hearing Panel. The written statement must be signed by the party submitting it.

2.9.4.7 Written Determination Regarding Responsibility or Non-Responsibility

The Hearing Officer (Student Respondent cases) or Chair of the Title IX Council (Faculty or Staff Respondent cases) will prepare a written determination within five (5) business days from the date of the hearing. The Hearing Officer or Chair may ask for additional time for deliberation or request to pause the deliberations in the instance in which additional information is required in order to render a decision. The Title IX Coordinator will notify the parties in writing if additional time or information is needed.

The written determination will include: (i) an identification of the allegations potentially constituting Prohibited Conduct as defined in the Policy; (ii) 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; (iii) findings of fact supporting the determination; (iv) conclusions regarding the application of the University’s Policy to the facts; (v) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any Discipline the University imposes on the Respondent, and whether remedies designed to restore or preserve equal access to Brown’s education program or activity will be provided by the University to the Complainant; and (vi) the University’s procedures and permissible bases for the Complainant and Respondent to appeal.

In all cases, the Complainant and Respondent will be provided notice of the written determination regarding responsibility simultaneously. The appropriate campus officials such as the Senior Academic Dean, Deans in the Graduate or Medical School, Department Chair, University Human Resources and supervisory personnel, or Deans in The College and Campus Life will receive a copy of the outcome as appropriate.

2.9.4.8 Determining the Appropriate Discipline

If the Hearing Officer (Student Respondent cases) or Hearing Panel (Faculty or Staff Respondent cases) determines that a Respondent is responsible for one or more violations of the Policy, it will then impose an appropriate Discipline. The Hearing Officer or Hearing Panel shall consider, but is not limited to, the following factors in determining an appropriate Discipline:

• Whether or not the circumstances suggest there is an increased risk of the Respondent committing additional acts of sexual violence or other violence (whether there have been other sexual violence Complaints about the same Respondent, whether the Respondent has a history of violence, whether the Respondent threatened further sexual violence or other violence against the Complainant or others);
• Whether or not the circumstances suggest there is an increased risk of future acts of Prohibited Conduct under similar circumstances (whether the circumstances reveal a pattern of perpetration, for instance via illicit use of drugs or alcohol, at a given location, or by a particular group);
• Whether or not the Prohibited Conduct was perpetrated with a weapon or had other aggravating considerations;
• Whether the Respondent, upon return to campus, would be likely to pose a threat to the safety and/or well-being of the Complainant and/or the Brown University community generally, and if so, the nature and extent of the threat and steps to effectively mitigate the impact;
• Whether the Respondent has been found responsible for prior violations of Brown policies;
• The written statements submitted by the Complainant and Respondent;
• The impact of the conduct on the Brown University community, and the need for any Discipline or remedies to eliminate, prevent, or address the existence of any hostile environment caused in the Brown University community or to maintain a safe and respectful environment conducive to learning, working, and living; and
• Any other mitigating, aggravating, or compelling circumstances in order to reach a just and appropriate resolution in the case.

If a Student Respondent is found responsible and the Discipline includes suspension or expulsion and the Respondent appeals, the Behavioral Assessment and Response Team will meet to determine if the Respondent must be immediately removed from campus housing, restricted in their movements on campus (e.g., only able to attend classes and labs), or barred completely from campus during the entirety of the appeal process. Such removal or restriction will only be imposed if there is reasonable cause to believe that the Respondent poses a significant threat of harm to the health, safety, and welfare of the Complainant or others.

In cases of expulsion or termination: Once the appeal deadline has passed or an expulsion or termination is upheld by an appeal panel, the Respondent’s enrollment or employment will end and the Respondent must vacate campus immediately.

In cases of suspension of a Student Respondent: Once the appeal deadline has passed or a suspension is upheld by an appeal panel, the start of the Respondent’s suspension will be determined by the date on which the final decision is made. Suspensions imposed before the end of the sixth week of classes will begin immediately and apply to the current semester.

Suspensions imposed after the sixth week of classes will apply to the next semester. The University may impose interim actions, as appropriate, on the Student Respondents whose suspension will begin in the upcoming semester.

2.9.4.9 Right of Appeal

The Complainant and Respondent both have the right to appeal a determination of responsibility on the limited grounds of (i.) a procedural irregularity that affected the outcome of the complaint; (ii.) new evidence that was not reasonably available at the time the determination regarding responsibility for the Formal Complaint was made that could affect the outcome of the matter; (iii.) the Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; or (iv.) a determination regarding responsibility and/or Discipline that is clearly contrary to the weight of the evidence.

Written requests for appeal must be submitted to the appropriate University personnel (see below) within five (5) business days following delivery of the written determination regarding responsibility. Written requests for appeals submitted by one party will be shared with the other party. Each party may respond in writing to any appeal submitted by the other party. Written responses to an appeal must be submitted within five (5) business days following delivery of the notice of the written appeal.

Appeals are heard by the Provost in cases with a Faculty Respondent, the Vice President of Human Resources in cases with a Staff Respondent, and a three (3) member appeal panel drawn from the Title IX Council in cases with a Student Respondent. The individuals hearing appeals are referred to in this Complaint Procedure as Appeal-Decision Makers. The Appeal Decision-Maker’s responsibility will be strictly limited to determining if the written appeal meets the limited grounds on which an appeal is submitted. If the Appeal Decision-Maker finds that the grounds for appeal are met, the appeal will be granted. Otherwise, the appeal will be denied. If the appeal is denied, the matter is closed and the original written determination regarding responsibility and Discipline, if applicable, stands as the final decision.

There are two possibilities in the event that an appeal is granted. The Appeal Decision-Maker may, at their discretion: (i.) Remand the case to the original Hearing Officer (Student Respondent cases) or a new Hearing Panel (Faculty and Staff Respondents cases) and provide instructions regarding the nature and extent of its consideration. The Hearing Officer or Hearing Panel will promptly consider the matter consistent with those instructions. Following consideration, the finding of the Hearing Officer or Hearing Panel and the Discipline imposed by the Hearing Officer or Hearing Panel will be final and not subject to further appeal; or (ii.) Modify the determination and/or Discipline consistent with the Appeal Decision-Maker’s findings. Upon a determination of the outcome of the appeal, the Appeal Decision-Maker will issue a written decision describing the result of the appeal and the rationale for the result. The Appeal Decision-Maker’s written decision will be provided simultaneously to both the Complainant and the Respondent. All determinations made by the Appeal Decision-Maker are final and not subject to further appeal or review.

If a Complainant or Respondent withdraws or permanently separates from the University after submitting an appeal on the finding and/or Discipline but before the appeal is decided, the University will dismiss the appeal and uphold the determination regarding responsibility made by the Hearing Panel or Hearing Officer as the final resolution to the complaint.

2.9.5 Time Frame of the Formal Resolution Process

The University makes every reasonable effort to ensure that complaints are resolved as expediently and efficiently as possible. Many complaints may require extensive review, and time frames will vary depending on the complexity of the investigation and the severity and extent of the alleged misconduct. A formal resolution process may take approximately 90 business days. Time frames may be extended for good cause as necessary to ensure the integrity and completeness of the process. The reasons for the extension of the time frame also include, but are not limited to: compliance with a request by law enforcement; a limited accommodation of the availability of Parties, their Advisors, and witnesses; students on leave; exam periods, school breaks or vacations; and accounting for complexities of a specific investigation, including the number of witnesses and volume of information provided by the Parties, whether there is a counterclaim or allegations of retaliation, and the severity and extent of the alleged misconduct.

To enable prompt and efficient resolution of complaints, the Title IX and Gender Equity Office expects that any individual involved in the disciplinary process will respond to outreach from the Office within two (2) business days. In addition, the Office expects its deadlines to be honored absent extraordinary circumstances. Requests for deadline extensions will be considered by the Office on a case-by-case basis.

Below is an overview of the approximate time associated with the major stages of the formal resolution process after the Title IX Coordinator receives a Formal Complaint. All timeframes set forth in this process may be adjusted at the discretion of the Title IX Coordinator. The Complainant and Respondent will be notified in writing of any delays or extensions of these timeframes and will be provided with a revised timeline to resolve the Formal complaint.

• Notice to the Respondent – Five (5) business days from receipt of the Formal Complaint
• Respondent’s Response to the Formal Complaint – Five (5) business days from delivery of written notice of the Formal Complaint
• Investigation – approximately Forty-five (45) business days
• Draft Investigation Report Review – Ten (10) business days from delivery of the draft investigation report, the parties must provide the Title IX Coordinator with their written response.
• Finalize the Investigation Report – Ten (10) business days
  • During these ten (10) business days, prior to the hearing, the final investigation report will be sent to the Hearing Officer (Student Respondent cases) or Hearing Panel (Faculty or Staff Respondent cases) and the parties.
• Hearing Officer or Hearing Panel Deliberation – Five (5) business days from the last day of the hearing, the Hearing Officer or Hearing Panel will issue their written determination regarding responsibility to the Title IX Coordinator
• Right of Appeal – Five (5) business days from the delivery of the written determination regarding responsibility, the Complainant or Respondent may file an appeal
• Appeal Review – Five (5) business days from the time the appeal is filed, the Appeal Decision-Maker(s) will issue their written determination regarding the outcome of the appeal to the Title IX Coordinator

2.9.6 Information Sharing

The University may share the Formal Complaint, investigation report, and/or determination regarding responsibility with a limited circle of individuals within the University who “need to know” in order to assist in (i.) the review, investigation, and resolution of the report or Formal Complaint; (ii.) the implementation of support or protective measures; (iii.) the implementation of the determination regarding responsibility and/or Discipline, or (iv.) other disclosures necessary to fulfill University operations.

Although Brown will make all reasonable efforts to maintain privacy and confidentiality, the University will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence. However, parties should be aware that the prohibition of retaliation continues to apply and certain conduct could constitute a violation of federal or state privacy laws.

2.9.7 Withdrawal or Dismissal of Formal Complaint or Allegations

The University may withdraw or dismiss an allegation or Formal Complaint at any time before the determination made by the Hearing Panel or Hearing Officer for the following reasons:

1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein. A Complainant who decided to withdraw a complaint may later request to reinstate it or refile it.
2. The Complainant refuses to participate in the investigation or hearing.
3. The Respondent is no longer enrolled at or employed by Brown University or the investigation uncovers that the University does not have control over the Respondent and is unable to issue imposed Discipline on the Respondent.
4. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the allegations in the Formal Complaint.
5. The investigation demonstrates that the charge falls outside of the jurisdictional scope of the Sexual and Gender-Based Misconduct Policy. The Formal Complaint or allegation may be dismissed even if the investigation demonstrates that the Prohibited Conduct occurred. The University may refer the Formal Complaint and the investigation report to an alternative policy, Code of Conduct, or University official.
6. The Title IX Coordinator determines that the Formal Complaint is made in bad faith.
7. The investigation report clearly shows no offense was committed.

Written notice of a decision to dismiss some or all of the Formal Complaint will be sent to the parties in writing.

2.9.7.1 Right To Appeal

The Complainant and/or Respondent have the right to appeal a decision to dismiss a Formal Complaint and any allegations therein on the limited grounds of (i.) a procedural irregularity that affected the outcome of the matter; (ii.) new evidence that was not reasonably available at the time of the determination regarding the dismissal of the Formal Complaint was made that could affect the outcome of the matter; or (iii) the Title IX Coordinator, Investigator(s), and/or Decisions-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

The Vice President for Campus Life will hear appeals of dismissal.

An appeal of a mandatory or discretionary dismissal must be submitted to the Vice President for Campus Life within five (5) business days from the written notice of the decision to dismiss. Written requests for appeals submitted by one party will be shared with the other party. Each party may respond in writing to any appeal submitted by the other party to the Vice President for Campus Life. Written responses must be submitted within five (5) business days following delivery of the notice of the written appeal.

Upon a determination of the outcome of the appeal, the Vice President for Campus Life will issue a written decision describing the result of the appeal and the rationale for the result. The Vice President for Campus Life will provide the written decision simultaneously to both the Complainant and Respondent. All appeal determinations are final and not subject to further appeal or review.

2.10 Recordkeeping

Brown University will document and maintain the following records, in accordance with the records retention schedule of the University and the Title IX regulations, for a period of seven (7) years:

• All materials used to train Title IX Coordinator(s), Investigator(s), Decision-Maker(s), and Facilitator(s) of Informal Resolution Processes. The University will make these training materials publicly available on the Title IX and Gender Equity Office’s website;
• Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance of actions taken in response to Title IX reports or formal complaints, the University 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 University’s education program or activity. If the University does not provide a Complainant in a Title IX case with supportive measures, then the University must document the reasons why such a response was not clearly unreasonable in light of the known circumstances;
• Any informal resolution process and the results therefrom;
• Each formal resolution process investigation, any audio or audiovisual recording or transcript of the live hearing, and any written determination regarding responsibility;
• Any Discipline imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to the University’s education program or activity; and
• Any appeal and the result therefrom.

2.11 Use of an Advisor and Advisor’s Role

The parties may each have an Advisor of their choice present with them for all meetings and interviews within the resolution process if they choose. The parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available to abide by the time periods and deadlines stated in this process. *

*Note: Available means the party cannot insist on an Advisor who simply doesn’t have inclination, time, or availability. Also, the Advisor cannot have institutionally conflicting roles, such as being a Title IX Administrator who has an active role in the matter or a supervisor who must monitor and implement discipline.

Choosing an Advisor who is also a witness in the process creates a potential for bias and conflict of interest. A party that chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Hearing Panel.

The University may permit parties to have more than one Advisor upon special request to the Title IX Coordinator. The decision to grant this request is at the sole discretion of the Title IX Coordinator and will be granted equitably to all parties.

The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose inside or outside of the Brown University Community.

Parties also have the right to choose not to have an Advisor.

The parties may be accompanied by their Advisor in all meetings, interviews, and any hearing at which the party is entitled to be present, including intake and interviews. If a party has more than one Advisor, only one Advisor may attend each meeting, interview, or hearing. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

Brown University cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the University is not obligated to provide an attorney.

An Advisor’s active role is limited during the hearing. An Advisor cannot speak to the Hearing Panel or other participants in the hearing or ask questions in any other step of the hearing unless it is to request a brief break to provide private consultation to their party.

All Advisors are subject to the same applicable University policies and procedures, whether they are attorneys or not. Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address University Officials in a meeting or interview unless invited to (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or other Decision-Makers.

The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or sharing notes during any meeting, interview, or hearing. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

Any Advisor who does not comply with their role as defined in this process will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, and/or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

The Title IX and Gender Equity Office staff will not share documentation and evidence related to the allegations directly with a party's Advisor. Parties may share this information directly with their Advisors if they wish. Doing so may help the parties participate more meaningfully in the resolution process.

If a party requests that all communication be made through their Advisor, the University will not comply with that request unless the University receives documentation that the Complainant or Respondent is unable to communicate due to accessibility or medical reasons.

The Title IX and Gender Equity Office will not copy Advisors on emails or other correspondence to their advisees, as the expectation is that the party is responsible for sharing appropriate information with their Advisors. The Title IX and Gender Equity Office will not respond to emails, telephone calls, or letters from Advisors, as the expectation is that the party is responsible for communicating with the Title IX and Gender Equity Office. If an Advisor sends an email or letter or makes a telephone call to the Title IX and Gender Equity Office, the Title IX and Gender Equity Office will respond where appropriate to the party. Advisors should not contact other University offices regarding any questions concerning the implementation of this process.

Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties (except expert witnesses), disclosed publicly, or used for purposes not explicitly authorized by the University. Brown University may seek to restrict the role of an Advisor who does not respect the sensitive nature of the process or who fails to abide by the University’s privacy expectations.

The University generally expects Advisors to adjust their schedule to allow them to attend meetings when planned but may change scheduled meetings to accommodate an Advisor’s inability to attend upon a showing of good cause, if doing so does not result in an unreasonable delay.

The University may also make reasonable provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone or video conferencing.

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator(s) of the identity of their Advisor at least two (2) business days before the date of their first meeting with the Investigator(s), (or as soon as possible if a more expeditious meeting is necessary or desired).

The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time.

2.12 Prohibition on Recording

Parties, Advisors to parties, and witnesses are prohibited from audio or video recording any part of the resolution proceedings. The resolution proceedings include but are not limited to (i) telephone calls and virtual or in-person meetings with any member of the Title IX and Gender Equity Office staff; (ii) telephone calls and virtual or in-person interviews or meetings with the Investigator; and (iii) the hearing.

Allegations of non-compliance will be reviewed by the Office of Student Conduct and Community Standards for students, University Human Resources for staff, and the Office of the Provost for faculty and may result in discipline, up to and including separation from the University. The parties are responsible for their Advisors’ compliance with this provision and may be subject to discipline for any violation by their Advisors.

Students with disabilities who would like to request a reasonable accommodation should contact Student Accessibility Services at SAS@brown.edu or 401-863-9588. Faculty and staff with disabilities who would like to request a reasonable accommodation should contact University Human Resources and visit this website for more information.

3.0 Definitions

For the purpose of this SOP, the terms below have the following definitions:

Advisor: An advisor is an individual of the Complainant’s or Respondent’s choosing, including an attorney, to provide support during the complaint process. More on the role and responsibility of an Advisor can be found above (see “Use of an Advisor” section 3.0).

Administrative Leave: Administrative leave is the process where the institution places an Employee on interim work, supervision, leadership, or teaching suspension after the filing of a Formal Complaint against the Employee.

Coercion: Coercion is verbal and/or physical conduct, including intimidation, unwanted contact, and express or implied threats of physical, emotional, or other harm, that would reasonably place an individual in fear of immediate harm and that is employed to compel someone to engage in sexual contact.

Complainant: A Complainant is the individual(s) who is alleged to be the victim of behavior that could constitute Prohibited Conduct. A Complainant seeking to use the Sexual and Gender-Based Misconduct Complaint Procedure associated with this policy must have been participating in or attempting to participate in an educational program, employment, or activity of Brown at the time in which the alleged prohibited conduct occurred.

Consent: Consent is an affirmative and willing agreement to engage in specific forms of sexual contact with another person. Consent requires an outward demonstration, through mutually understandable words or actions, indicating that an individual has freely and affirmatively chosen to engage in sexual contact. Consent cannot be obtained through (1) the use of coercion or force or (2) by taking advantage of the incapacitation of another individual.

Silence, passivity, incapacitation from alcohol or drugs, or the absence of resistance does not imply consent. It is important not to make assumptions; if confusion or ambiguity arises during a sexual interaction, it is essential that each participant stops and clarifies the other’s willingness to continue.

Consent can be withdrawn at any time. When consent is withdrawn, sexual activity must cease. Prior consent does not imply current or future consent; even in the context of an ongoing relationship, consent must be sought and freely given for each instance of sexual contact. An essential element of consent is that it be freely given. Freely given consent might not be present, or may not even be possible, in relationships of a sexual or intimate nature between individuals where one individual has power, supervision, or authority over another.

In evaluating whether consent was given, consideration will be given to the totality of the facts and circumstances, including but not limited to the extent to which a Complainant or reporting party affirmatively uses words or actions indicating a willingness to engage in sexual contact, free from coercion; whether a reasonable person in the Respondent’s position would have understood such person’s words and acts as an expression of consent; and whether there are any circumstances, known or reasonably apparent to the Respondent, demonstrating incapacitation.

Covered Persons:

• Employees: Individuals employed by Brown University, including faculty, affiliates, visiting faculty, postdoctoral fellows, and all staff (including all exempt and non-exempt, bargaining unit, and senior administrative positions), as well as those physicians and health scientists who are not employed by Brown University but have Brown University faculty, affiliate, postdoctoral, or house staff appointments for the purpose of teaching and/or research in the Division of Biology and Medicine.
• Students: Individuals enrolled in the College, the Graduate School, the Warren Alpert Medical School, the School of Public Health, the School of Engineering, and/or the School of Professional Studies.
  • For RISD students who are not dual-enrolled at Brown, the Title IX and Gender Equity Office will work with the RISD Title IX and Gender Equity Office to determine jurisdiction.

Discipline: A Respondent who is found responsible for violating the Policy is subject to one or more of the following disciplinary actions:

• A verbal or written warning
• A required letter of apology
• Probation (as defined in the Student Conduct Procedures)
• Probation with Restrictions (as defined in the Student Conduct Procedures)
• Suspension
• Expulsion
• Recommendation to the University to withhold or revoke a degree
• Academic transcript notation
• Restitution for damage to property
• Reflection or research papers or other academic assignments
• Letters of apology
• Restorative circles
• Attending or presenting educational programs or training
• No Contact Orders
• Referrals to other offices and resources on campus
• Administrative leave with or without pay
• Termination of employment
• Termination of relationship with the University
• A change in job description

Emergency Removal: Emergency removal is the process where the University places a Respondent on an interim academic suspension, interim leave of absence, and/or interim removal from campus. The Title IX Coordinator will bring reports that may necessitate an emergency removal to the Behavioral Assessment and Response Team in the case involving Student Respondents or convene a risk assessment group for cases involving Employee Respondents. The Behavioral Assessment and Response Team or risk assessment group will conduct an individualized safety and risk analysis to determine whether the Respondent poses an immediate threat of harm to the health, safety, and welfare of others or the University community.

If the Behavioral Assessment and Response Team determines that an emergency removal of a Student Respondent is warranted, it will recommend that action to the Associate Vice President for Campus Life and Dean of Students who will decide whether to implement the emergency removal and provide the Student Respondent with notice. Student Respondents may appeal emergency removal decisions in writing to the Vice President of Campus Life.

If the Behavioral Assessment and Response Team determines that an emergency removal of an Employee Respondent is warranted, it will recommend that action to the Department HR Business Partner ) who will decide whether to implement the emergency removal and provide the Employee Respondent with notice. Employee Respondents may appeal emergency removal decisions in writing to the Vice President of Human Resources.

Brown may remove a Respondent on an emergency basis with or without the completion of a Title IX resolution process.

Force: Force is the use or threat of physical violence to overcome an individual’s freedom of will to choose whether or not to participate in sexual contact.

Formal Complaint: A written and signed document submitted by a Complainant (or the Title IX Coordinator in lieu of a Complainant) alleging that a Covered Person has engaged in conduct prohibited by this policy. A Formal Complaint should include the identities of the parties involved (if known), the Prohibited Conduct alleged, the date and location of the alleged incident (if known), and the details of the incident. The Formal Complaint will be shared with the Respondent and the Investigator upon the initiation of an investigation.

Gender-Based Harassment: Unwelcome action based on actual or perceived sex or gender, gender identity, gender expression, or sexual orientation, whether verbal or non-verbal, graphic, physical, or otherwise that has the purpose of unreasonably interfering with the learning, working, or living environment; in other words, the behavior is sufficiently severe or pervasive and objectively offensive that it denies the target(s) equal access to the programs and activities of Brown (Hostile Environment).

Hostile Environment: A hostile environment is one that denies or interferes with an individual or group’s access to the programs and activities of Brown. A hostile environment is created when (i.) enduring the hostile conduct based on gender, gender identity, or sexual orientation that becomes a condition of the continued living, working, or social environment, or (ii.) the conduct is sufficiently severe or pervasive, and objectively offensive to create an environment that a reasonable person would consider intimidating, hostile, or abusive.

Slights, offensive comments, and isolated incidents (unless extremely serious) typically do not rise to the level of a policy violation unless the effects associated with the offensive comment go beyond being uncomfortable, embarrassed, or offended.

In evaluating whether a hostile environment exists, the University will consider the totality of known circumstances, including but not limited to:

• The frequency, nature, and severity of the conduct;
• Public nature of the conduct;
• Whether the conduct was physically threatening;
• The effect of the conduct on the Complainant’s mental and emotional state;
• Whether the conduct was directed at more than one person;
• Whether the conduct arose in the context of other unlawful discriminatory conduct; and
• Whether the conduct implicates concerns related to academic freedom or protected speech.

Incapacitation: An individual who is incapacitated lacks the ability to make informed judgments and cannot consent to sexual contact. Incapacitation is the inability, temporarily or permanently, to give consent because an individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. Mentally helpless means a person is rendered temporarily incapable of appraising or controlling one’s own conduct. Physically helpless means a person is physically unable to verbally or otherwise communicate consent or unwillingness to an act.

Where alcohol or other drugs are involved, incapacitation is a state beyond impairment or intoxication. Where alcohol or other drugs are involved, evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects a person’s: decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.

Interim Action: A course of action taken by the University in response to a report of Prohibited Conduct. These measures may be both restorative (designed to address a Complainant’s safety and well-being and continued access to educational opportunities) and remedial (involving action against a Respondent without unreasonably burdening a Respondent.) Interim actions may include housing relocation, on-campus housing restriction, change in work location or modification of work hours, restricted access to certain buildings or locations of campus, course reassignment or shift to remote course access, interim suspension and/or interim removal from campus, or interim administrative leave of absence. Interim action may be taken with or without a formal complaint or the implementation of a complaint resolution process and are individualized to protect the safety of all parties, the broader campus community, and/or prevent future Prohibited Conduct.

Prohibited Conduct: Includes Sexual Harassment, Gender-Based Harassment, Sexual Assault (Rape, Fondling, Incest, Statutory Rape), Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, Provision of Alcohol and/or Other Drugs for Purposes of Prohibited Conduct, and Retaliation.

• 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 where the existence of such relations shall be determined based on a consideration of the following factors: (i.) the length of the relationship; (ii) the type of relationship; (iii) the frequency of interaction between the persons involved in the relationship. This definition is prescribed by the Violence Women’s Act, 34 U.S.C.§ 12291(a)(10) (2022).
• Domestic Violence: Domestic Violence is a felony or misdemeanor crimes of violence committed (i.) by a current or former spouse or intimate partner of the victim; (ii.) by a person with whom the victim shares a child in common; (iii.) by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (iv.) by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or (v.) by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  • Economic Abuse: The term ‘economic abuse’, in the context of domestic violence, dating violence, and abuse in later life, means behavior that is coercive, deceptive, or unreasonable controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to
    • (1) Restrict a person’s access to money, assets, credit, or financial information;
    • (2) Unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage; or
    • (3) Exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty.
  • Technological Abuse: An act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence, or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including but not limited to an internet-enabled device, online spaces ad platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking device, or communication technologies, or any other emerging technologies.

This definition is prescribed by the Violence Women’s Act, 34 U.S.C.§ 12291(a) (2022).

• Retaliation: Retaliation is intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX Grievance Procedure. Retaliation includes charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX.
  
  Any retaliatory action taken by an individual or the University, directly or indirectly, against a person who has made a report, filed a complaint, or participated in an investigation is prohibited. This prohibition against retaliation protects Complainants, Respondents, reporting parties, witnesses, Hearing Panelists, Hearing Officers, Decision-Makers, Advisors, Investigators, and other individuals who provide information relating to a Title IX investigation or participate in a complaint process associated with this policy.
  
  Complaints alleging retaliation may be filed in accordance with the Sexual Harassment, Sexual Assault, Relationship and Interpersonal Violence, and Stalking (Title IX) Policy and Title IX Grievance Procedure.
• Sexual Assault: Sexual assault is the umbrella term for an offense classified as a forcible or nonforcible sex offense. A sex offense occurs when there is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. The following sex offenses are considered Prohibited Conduct under the Sexual Harassment, Sexual Assault, Relationship and Interpersonal Violence, and Stalking (Title IX) Policy - Rape, Sexual Assault with an Object, Fondling, Incest, and Statutory Rape, as defined herein.
  • Rape: Attempted or completed anal or vaginal penetration of another person, no matter how slight, by a body part or object without consent and/or completed or attempted oral penetration by a sex organ of another person without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
  • Sexual Assault with an Object: The use of an object or instrument to unlawfully penetrate, however slight, the genital or anal opening of the body of another person, without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
  • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
  • Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

The above definitions are prescribed by 20 U.S.C. 1092(f)(6)(A)(v), as defined in the Federal Bureau of Investigation's Uniform Crime Reporting (UCR) Program’s National Incident-Based System (NIBRS).

• Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:
  • (i.) Quid pro Quo: An employee conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct; and/or
  • (ii.) Severe or Pervasive Harassment: Unwelcome conduct determined by a reasonable person to be so severe or pervasive and objectively offensive that it effectively denies a person equal access to the programs and activities of Brown (Hostile Environment).
• Stalking: Stalking is a course of conduct on the basis of sex or gender directed at a specific person that would cause a reasonable person to (i.) fear for the person’s safety or the safety of others, or (ii.) suffer substantial emotional distress. This definition is prescribed by the 2014 Violence Against Women’s Act, 34 U.S.C.12291(a)(30).
  
  For purposes of the Sexual Harassment, Sexual Assault, Relationship and Interpersonal Violence, and Stalking (Title IX) Policy, Stalking refers to actions “on the basis of sex or gender” that would constitute Sexual and Gender-Based Harassment such as surveillance of a former intimate partner.
  
  Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by an action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
  
  Stalking includes the concept of cyber-stalking, a form of stalking through electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact.

Provision of Alcohol and/or Other Drugs for Purposes of Prohibited Conduct: The provision of alcohol and/or other drugs to an individual for the purpose of committing or facilitating Prohibited Conduct under this policy is also Prohibited Conduct. Such behavior may include the provision of a drink or food that contains alcohol and/or other drugs without the knowledge of the individual to whom it is being provided or other actions taken with the intention of impairing the senses, judgment, and/or physical and mental ability of another person in order to engage in other forms of Prohibited Conduct. An individual does not have to engage in sexual activity with another person to be found responsible for the prohibited provision of alcohol and/or other drugs.

Respondent: An individual(s) who has been reported to be the perpetrator of behavior that could constitute Prohibited Conduct.

Report: Information shared with the Title IX and Gender Equity Office that includes details of alleged Prohibited Conduct. A report is made when a Complainant, reporting party, or third party seeks information, support measures, or informs the University of Prohibited Conduct, but such party is not making a Formal Complaint or pursuing a complaint resolution process to address the alleged Prohibited Conduct.

Sexual Exploitation: Sexual Exploitation is purposefully taking sexual advantage of another person without consent. It may involve the use of one’s own or another individual’s nudity or sexuality.

Examples of Sexual Exploitation include, but are not limited to:

• Voyeurism (such as watching or taking pictures, videos, or audio recordings of another person in a state of undress or of another person engaging in a sexual act without the consent of all parties);
• Disseminating, streaming, or posting pictures or video of another in a state of undress or of a sexual nature without the person’s consent;
• Exposing one’s genitals to another person without consent;
• Prostituting another individual; or
• Knowingly exposing another individual to a sexually transmitted infection without the other individual’s knowledge and consent.

Support Measures: Non-disciplinary, non-punitive measures provided to a Complainant or Respondent designed to restore or preserve equal access to Brown’s programs and activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties and deter future prohibited conduct. The Title IX Coordinator will oversee the implementation of support measures that are individualized to respond to the effects of the Prohibited Conduct, and that are appropriate, reasonably available, and free of charge. Support measures may include a no-contact order, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, changes in work or housing locations, leave of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Use of support measures is available with or without a Formal Complaint. The University will maintain as confidential any support measures provided – to the extent that maintaining such confidentiality will not impair its ability to provide the support measures – by only disclosing the support measures implemented to those officials within the University with a need-to-know or as otherwise required or allowed by applicable law or University policy.

Brown will also provide reasonably available support measures for third-party reporters, provided that the accommodations are within the scope of that individual’s relationship to Brown University.

4.0 Responsibilities

All individuals to whom this Sexual and Gender-Based Complaint Procedure applies are responsible for becoming familiar with and following these Procedures. University supervisors are responsible for promoting the understanding of this Procedure and for taking appropriate steps to help ensure compliance with it.

All individuals who participate in any process described herein are prohibited from knowingly making false statements or knowingly submitting false information. Individuals who engage in this misconduct may be subject to disciplinary actions. Disciplinary action pursued against a party for knowingly making false statements or submitting false information in bad faith does not constitute retaliation prohibited under the Sexual and Gender-Based Harassment Misconduct Policy, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any part made a materially false statement or provided materially false information in bad faith.

• Office of Equity Compliance and Reporting in the Division of Campus Life: Oversees the response to reports, submission of a formal complaint, and the implementation of formal or informal resolution procedures. The University’s response is coordinated by the following individuals:
• The Title IX Coordinator: Coordinates the response to reports, reviews and responds to formal complaints, convenes the appropriate officials to assess threats, and oversees the training of mandatory reporters, Hearing Panelists, and others involved in operationalizing these procedures.
• The Institutional Equity Investigators: Serve as internal neutral fact finders.
• The Vice President for Campus Life: Hears appeals of dismissal decisions.

5.0 Related Information

The following information complements and supplements this document. It is intended to help explain this SOP and is not an all-inclusive list of policies, procedures, laws, and requirements.

5.1 Related University Policies:

• Corporation Policy Statement on Equal Opportunity, Non-Discrimination and Affirmative Action
• Sexual and Gender-Based Misconduct Policy
• Sexual Harassment, Sexual Violence, Relationship and Interpersonal Violence and Stalking Policy
• Nondiscrimination and Anti-Harassment Policy

5.2 Related Procedures:

• Title IX Grievance Procedure

5.3 Related Forms:

N/A

5.4 Frequently Asked Questions:

FAQs (in revision - Feb 2024)

5.5 Other Related Information:

N/A

6.0 SOP Owner and Contact

6.1 SOP Owner:

Vice President for Campus Life & Student Services

6.2 SOP Approved by:

Vice President for Campus Life & Student Services

6.3 Contact Information:

Title IX Coordinator
titleixoffice@brown.edu
401-863-2026

7.0 SOP History

7.1 SOP Issue Date:

February 16, 2021

7.2 SOP Effective Date:

October 25, 2023

7.3 SOP Update/Review Summary:

Prior SOP version(s) superseded by this SOP:

• Sexual and Gender-Based Misconduct Complaint Procedure, Last Reviewed: February 16, 2021