The preponderance of evidence will be the evidentiary standard used at Academy for Nursing and Health Occupations.

Complaints must be referred to the Title IX Coordinator. Any employee who is aware of an issue must immediately notify the Title IX Coordinator. Informal investigations are permissible.

With or without filing a formal complaint, complainants and respondents will be equally advised of the availability of supportive measures, will have their wishes considered regarding supportive services and will be advised of the process for filing a formal complaint.

Both the complainant and the respondent will be entitled to prompt responses as to the receipt of knowledge of the complaint; however, reasonable extension of time may be needed for good cause with notice to parties including the reason for delay.

Both will be treated equally in explaining the processes, collecting evidence, having their evidence objectively evaluated for accuracy and relevancy, and be entitled to a reasonable time frame for resolution.

Neither the complainant nor the respondent will be presumed to be responsible for the alleged conduct. Both will be given time to prepare for meetings and have an advisor of their choice. The advisor may or may not be an attorney. The advisor may inspect and review evidence.

No legally privileged information will be used unless the individual waives the privilege and ANHO will take reasonable steps to protect the privacy of parties and witnesses.

Both will have an opportunity to have conflicts of interest considered.

Both will be able to discuss and gather relevant evidence and have witnesses attend a hearing in the event of a formal complaint. If the witness does not attend the hearing, their testimony cannot be used even if it is written and signed.

The Title IX Coordinator, investigator, or decision-maker will not have a conflict of interest or bias for or against the complainant or the respondent.

Records will be kept for seven years.

Both parties are entitled to no retaliation.

Informal Resolution, if offered:
In lieu of resolving a complaint through ANHO’s Title IX grievance procedures. The parties may instead elect to participate in an informal resolution process. ANHO will inform the parties in writing of any informal resolution process it offers and determine if it appropriate. ANHO will not offer informal resolution to resolve a complaint when such a process would conflict with Federal, State, or local law. Before the initiation of an informal resolution process, ANHO will explain in writing to the parties:

• The allegations
• The requirements of the informal resolution process
• That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution
• That if the parties agree to a resolution at the end of the informal resolution process; they cannot initiate or resume grievance procedures arising from the same allegations
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties
• hat information ANHO will maintain and whether and how ANHO could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed

Supportive Measures:
ANHO will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to ANHO’s education program or activity or provide support during ANHO’s Title IX grievance procedures or during the resolution process.

Complaints may be dismissed if:

• Evidence is unavailable or unable to be collected or if the alleged incident does not constitute misconduct under Title IX regulations.
  
• If the respondent is no longer attending or employed at the school at any time during the process or if the complainant notifies in writing, that they wish to withdraw the formal complaint.
  
• If the complainant withdraws the Title IX Coordinator may pursue the complaint if it is deemed to be of a serious nature.
  

If the case is dismissed, ANHO will promptly notify the complainant and the respondent of the basis for dismissal as well as notify them of the appeal process.

The attached form is to be completed for initiation of a formal complaint. Each party may have an advisor. Questions must be approved by the chair before asked in cross examination and questions must be relevant to the situation being investigated.

Investigators, complainants, respondents, witnesses and advisors will acknowledge that they have read and understand the training materials on the school’s website. The Title IX Coordinator, will assist with explanations or questions about the training. All employees will receive training upon hire, annually, and change of job duties.

If the school believes safety is at risk at any time, it may execute an emergency removal of individual(s) from education or activities. This will be invoked if the school determines an immediate threat to the physical health or safety to any individual. Upon being informed of a notice of removal, an immediate challenge may be filed.

The school may place an individual on administrative leave during and pending the result of the investigative process.

The committee investigating will provide an objective evaluation of relevant evidence.

The Title IX Coordinator, chair, investigator, or decision makers in facilitating an informal resolution, dismissal or conducting a hearing or appeal will be free from conflict of interest or bias and will have received training.

Disciplinary actions may range from a notice of warning through separation.

Determination of responsibility for sexual misconduct will be made at the conclusion of the investigation and until that time, the respondent is presumed not responsible.

Neither party may make false, dishonest statements as noted in the rules of decorum that expect honesty and integrity.

Written notice of the date, time, location, participants, purpose of the hearing, investigative interviews or other meetings will be provided to participants with time to prepare to participate. Proceedings will be recorded.

An investigative summary will be provided to participants at least 10 days prior to a hearing so that written responses and written questions to be asked at the hearing will be presented to the Title IX Coordinator, three days prior to the hearing.

ANHO will objectively evaluate all evidence that is relevant and not otherwise impermissible and including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

Written determination will be provided to the complainant and respondent simultaneously.

Conclusion of informal complaints are expected to be no longer than 8 weeks and formal complaints to be no longer than 16 weeks.

Conditions for Appeal:

• Either the complainant or the respondent may appeal a decision made by the school, however, an appeal is not a new hearing of the matter.
• An appeal is only permissible if there is a procedural irregularity, a policy was not followed, new evidence is discovered or a conflict of interest or bias existed.
• If the appeal is permissible, a new committee will be appointed as noted in the catalog and website, to investigate the basis of the appeal and to make decisions to uphold or to change the original decision.

If the decision is appealed, ANHO will:

• Notify the parties of any appeal, including notice of allegations, if notice was not previously provided to the respondent
• Implement appeal procedures equally for the parties
• Ensure that the decision-maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint
• Ensure that the decision-maker for the appeal has been trained consistent with the Title IX regulations
• Provide the parties reasonable and equal opportunity to make a statement in support of, or challenging, the outcome
• Notify the parties of the result of the appeal and the rationale for the result

When a complaint is dismissed, ANHO will at a minimum:

• Offer supportive measures to the complainant as appropriate
• If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate
• Take prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within ANHO’s education program or activity

Informal Investigation:ANHO will provide for adequate, reliable and impartial investigation of complaints.

The burden is on ANHO – not on the parties – to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

ANHO will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

ANHO will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

ANHO will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

• ANHO will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. ANHO will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
• ANHO will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
• ANHO will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

Questioning the Parties and Witnesses:
ANHO will provide a process that enables the decisionmaker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.

Determination Whether Sex Discrimination Occurred:
Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, ANHO will:

• Use the preponderance of the evidence to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
• Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;
• Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
• If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
  • Coordinate the provision and implementation of remedies to a complainant and other people ANHO identifies as having had equal access to ANHO’s education program or activity limited or denied by sex discrimination;
  • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within ANHO’s education program or activity.
• Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
• Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

Appeal of Determinations, if offered:
ANHO offers the following process for appeals from a determination whether sex discrimination occurred: This appeal process will be at a minimum, the same as ANHO offers in all other comparable proceedings, including proceedings relating to other discrimination complaints.

Informal Resolution, if offered:
In lieu of resolving a complaint through ANHO’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. ANHO does not offer informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of a elementary school or secondary school student, or when such a process would conflict with Federal, State, or local law.

Disciplinary Sanctions and Remedies:
Following a determination that sex-based harassment occurred, ANHO may impose disciplinary sanctions or remedies
Formal Investigation Written Notice of Allegations:
Upon initiation of these Title IX grievance procedures, ANHO will notify the parties in writing of the following with sufficient time for the parties to prepare a response before any initial interview:

• ANHO’s Title IX grievance procedures and any informal resolution process;
• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex-based harassment, and the date(s) and location(s) of the alleged incident(s).
• Retaliation is prohibited;
• The respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the partied will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
• The parties may have an advisor of their choice who may be, but is not required to be, an attorney;
• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence. ANHO provides access to an investigative report: The parties are entitled to an equal opportunity to access the relevant and not impermissible evidence upon the request of any party; and
• ANHO’s Code of Conduct policy prohibits knowingly making false statements or knowingly submitting false information during grievance procedures.

If, in the course of an investigation, ANHO decides to investigate additional allegations of sex-based harassment by the respondent toward the complainant that are not included in the written notice or that are included in a consolidated complaint, it will provide written notice of the additional allegations to the parties.Dismissal of Complaint
ANHO will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

• ANHO will not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding.
• ANHO may establish restrictions regarding the extent to which the advisory may participate in these grievance procedures, as long as the restrictions apply equally to the parties.

ANHO will provide the parties with the same opportunities, if any, to have people other than the advisory of the parties’ choice present during any meeting or proceeding.
ANHO will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.
ANHO will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.
ANHO will provide each party and the party’s advisory, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner:

• ANHO will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence. ANHO will further provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.
• ANHO will provide a reasonable opportunity to review and respond to the evidence or the investigative report. ANHO will conduct a live hearing as part of its grievance procedures, it will provide this opportunity to review the evidence in advance of the live hearing. ANHO may decide whether to provide this opportunity to respond prior to the live hearing, during the live hearing or both prior to and during the live hearing; and
• ANHO will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.

Questioning the Parties and Witnesses:
ANHO will provide a process that enables the decisionmaker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment.

When ANHO chooses not to conduct a live hearing: ANHO’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will:

• Allow the investigator or decisionmaker to ask such questions during individual meetings with a party or witness;Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the investigator or decisionmaker during one or more individual meetings, including follow-up meetings, with a part or witness, subject to the procedures for evaluating and limiting questions discussed below; and
• Provide each party with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.

When ANHO chooses to conduct a live hearing: ANHO’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will allow the decisionmaker to ask such questions and either:

• Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the decisionmaker, subject to the procedures for evaluating and limiting questions discussed below: or
• Allow each party’s advisor to ask any party or witness such questions, subject to the procedures for evaluating and limiting questions discussed below: Such questioning will never be conducted by a party personally. If ANHO permits advisor-conducted questioning and a part does not have an advisor to ask questions on their behalf, ANHO will provide the party with an advisor of ANHO’s choice, without charge to the party, for the purpose of advisory-conducted questioning. In those instances, ANHO will not appoint a confidential employee and may appoint, but is not required to appoint, an attorney to serve as an advisor.

Procedures for the decisionmaker to evaluate the questions and limitations on questions: The decisionmaker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The decisionmaker will give a party an opportunity to clarify or revise a question that the decisionmaker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.

Refusal to respond to questions and inferences based on refusal to respond to questions: The decisionmaker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The decisionmaker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.Procedures for a Live Hearing, if offered:
ANHO will conduct the live hearing with the parties physically present in the same geographic location or, at ANHO’s discretion or upon the request of either party, will conduct the live hearing with the parties physically present in separate locations with technology enabling the decisionmaker and parties to simultaneously see and hear the party or witness while that person is speaking.
ANHO will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review.

Determination Whether Sex-Based Harassment Occurred:
Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, ANHO will:

• Use the preponderance of the evidence or, if applicable, clear and convincing standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
• Notify the parties simultaneously in writing of the determination whether sex-based harassment occurred under Title IX including:
  • A description of the alleged sex-based harassment.
  • Information about the policies and procedures that ANHO used to evaluate the allegations;
  • The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred;
  • When the decisionmaker finds that sex-based harassment occurred, any disciplinary sanctions ANHO will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by ANHO to the complainant, and, to the extent appropriate, other students identified by ANHO to be experiencing the effects of the sex-based harassment; and
  • ANHO’s procedures and permissible bases for the complainant and respondent to appeal.
• ANHO will not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the respondent engaged in prohibited sex discrimination.
• If there is a determination that sex discrimination occurred, as appropriate, the Title IX Coordinator will:
  • Coordinate the provision and implementation of remedies to a complainant and other people ANHO identifies as having had equal access to ANHO’s education program or activity limited or denied by sex discrimination;
  • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within ANHO’s education program or activity.
• Comply with the Title IX grievance procedures before the imposition of any disciplinary sanctions against the respondent; and
• Not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.
• New evidenced that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
• The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

If a party appeals a dismissal or determination whether sex-based harassment occurred, ANHO will:

• Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
• Implement appeal procedures equally for the parties;
• Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations,
• Communicate to the parties in writing that ANHO will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
• Notify the parties in writing of the result of the appeal and the rationale for the result.

Any additional procedures or bases for appeal ANHO offers will be equally available to all parties.