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2. Resolution of a complaint by a student regarding another Green Mountain College student
(a) The Vice President of Student Life or his/her designee* meets with the complainant, discusses the nature of the complaint and requests a written statement from the complainant. [Note: In some instances, the original complaint may come from a student report to Campus Security or the Title IX Coordinator. In cases where the complaint begins with the Vice President of Student Life, the Vice President of Student Life will notify Campus Security and the Title IX Coordinator of the complaint].
*In the event that the Vice President of Student Life is unable to meet with the complainant or there are compelling reasons to exclude him or herself from the process, the Vice President of Student Life or the President may select a designee to resolve a student complaint.

(b) The Vice President of Student Life explains the complaint and resolution process, answers questions, and informs the complainant that the investigation is confidential to the extent practicable. The Vice President instructs the complainant not to have contact with the charged party until the incident is resolved. The Vice President also ensures that the complainant either has already been offered or is offered the following options:
  • Assistance in obtaining psychological and medical care.
  • Assistance in contacting Vermont State Police.
  • Support in writing a report of what occurred and control of what happens to that report.
  • Support in identifying witnesses to the incident for reports.
  • The opportunity to send no-contact orders to the person charged with the offense.
  • A change in academic, living (if the person is in residence on campus), transportation or working situations.
  • Select an advisor of his or her choice to accompany him or her to any hearings or related meetings (this advisor can advise the complainant privately but cannot address an investigator or hearing panel directly).

(c) If prior to or during the investigation the College becomes aware that additional College policies (such as alcohol and/or drug policies) may have been violated, students will be notified in writing, and these too will be investigated and resolved through this process. While not condoning infractions of any kind, the College considers reporting incidents of sexual harassment, sexual misconduct, domestic violence, dating violence and stalking to be of paramount importance. Therefore, to encourage reporting, the College may, where appropriate, offer leniency with respect to other policy violations that may be revealed as a result of a report. The nature and scope of the leniency will depend on the particular circumstances involved. The use of alcohol or drugs never makes a complainant at fault for misconduct prohibited by this policy. The College will have sole discretion in determining the appropriate course of action.

(d) The Vice President of Student Life makes a determination based on the present facts about the safety of the complainant and the potential risk to other students. If deemed necessary, the Vice President of Student Life may, at his or her discretion, contact the respondent and may impose an interim suspension or other conditions.

(e) The Vice President of Student Life contacts the respondent and explains the reason for meeting, the nature of the complaint, and the process going forward. The respondent is instructed to keep the process confidential and not to have contact with the complainant. The Vice President of Student Life requests that the respondent submit a written statement regarding the alleged incident within 24 hours of this meeting. The Vice President of Student Life ensures that the respondent is offered the option to:
  • receive counseling; and
  • select a faculty/staff member to serve as a confidential advocate during the investigation and resolution process;
  • Select an advisor of his or her choice to accompany him or her to any hearings or related meetings (this advisor can advise the respondent privately but cannot address an investigator or hearing panel directly).

(f) The Vice President of Student Life reviews the written statements of the complainant and respondent and conducts or appoints another to conduct any necessary follow-up investigation and questioning.

(g) Within five (5) business days from the date the complainant notifies the Vice President of Student Life of the incident, the Vice President of Student Life makes a determination regarding next steps for resolution. The incident may be resolved in one of the following manners in keeping with the Student Conduct Code and the College's conduct process:

Informal Resolution. In some instances, incidents and/or allegations of sexual harassment are most appropriately resolved in a manner not resulting in formal student conduct charges, including, but not limited to, meeting with a counselor at the Wellness Center and/or other faculty/staff or other campus or off-campus resources as appropriate (i.e. off campus agencies, mediators, counselors, etc). Informal resolution will not be used in cases involving other alleged violations of this policy.

Conduct Review Meeting. A Conduct Review Meeting is conducted by a Community Director to adjudicate the alleged violation in keeping with procedures outlined in the Student Conduct Code.

The Conduct Review Board. The Conduct Review Board, comprised of one (1) faculty member and four (4) students as outlined in the Student Conduct Code, conducts a disciplinary meeting and imposes sanctions.

Sexual Misconduct Officers Investigation. The Vice President of Student Life contacts the Sexual Misconduct Officers (designated employees appointed and trained on an annual basis on issues related to sexual harassment, sexual misconduct, domestic violence, dating violence and stalking, and how to conduct an investigation process that protects the safety of complainants and promotes accountability), briefs them on the matter, and provides copies of all documents related to the incident. The Sexual Misconduct Officers meet with the complainant and the respondent (and any advisors) independently. They also meet with other witnesses they deem necessary. The Sexual Misconduct Officers prepare a written report of their findings and provide their recommendations to the Vice President of Student Life, usually within ten (10) business days from the date the Vice President contacted the Sexual Misconduct Officers. [In some instances, circumstances may warrant longer than ten days to effectively investigate the incident. In such cases, the Sexual Misconduct Officers must notify the Vice President of Student Life, the complainant, and the respondent in writing and impose a deadline within a reasonable period of time]. The Vice President of Student Life reviews the findings and resolves the complaint as s/he deems appropriate.

Insufficient Evidence. The Vice President of Student Life determines there is not enough information to justify filing a formal Sexual Misconduct charge and the student conduct matter is dropped or other charges are assigned, as appropriate.

False Report. The Vice President of Student Life determines that the alleged victim made a false statement and the student conduct process is engaged regarding any statements brought forward.

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