What to Expect

If a formal complaint is filed, the Title IX Coordinator will conduct an investigation.

What happens during an investigation?
The Title IX Coordinator will provide the known parties written notice of the grievance process (including the possibility of informal resolution) and the allegations of sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview.

The specific steps of the investigation will vary based on the nature of the allegations and other factors, but the investigator’s inquiry will be prompt, thorough, and impartial. It is the school's (not the parties') responsibility to gather evidence sufficient to reach a determination.

The investigation may include, but is not limited to, any of the following:

Interviews of the parties and/or witnesses;
Requests for written statements from the parties and/or witnesses;
Review and collection of relevant documentation or information.

Both parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations in the formal complaint, regardless of whether it supports the allegations. Compass will send evidence to the parties, and any advisor(s), to inspect and review, after which the parties have 10 school days to submit a written response to the evidence, which the investigator will consider prior to completing the investigative report.

The investigator will create an investigative report that fairly summarizes the relevant (directly related to the allegations) evidence obtained as part of the investigation.

The investigator will send the investigative report to each party (and any advisor(s)) for their review. They will have another 10 school days to file a written response before the report is finalized.

When the report is finalized, it is sent to a designated decisionmaker within the Compass administrative staff, excluding any person determined to have a conflict of interest. The investigative report will be advisory in nature and will not bind the decision-maker to any particular decision, course of action, or remedial measure.

Is there an option for informal resolution?
At any time after a formal complaint has been filed (but before a determination regarding responsibility), Compass may offer the parties the opportunity to engage in informal resolution of the formal complaint, as long as the allegations do not involve an employee sexually harassing a student.

Informal Resolution, which is similar to mediation, is guided by the Title IX Coordinator or senior Compass staff. It cannot be required as a condition of attendance, employment or resolution of the dispute, and each party must give voluntary, written consent. Before consenting, each party must be given written notice of the allegations, rights and responsibilities and potential consequences, such as records that may be shared.

Participation in informal resolution does not mean a party cannot pursue the more formal process. When there is a formal complaint, any party has the right to withdraw from informal resolution and resume the more formal process at any time prior to entering into an agreement.

What happens after the investigative report has been finalized?

After receiving a copy of the investigative report and the parties’ written responses (if any), the decisionmaker will give each party 5 school days to submit written, relevant questions for any other party or witness and 5 school days for the party or witness to answer. The decisionmaker will provide the answers to each party and allow 5 school days for additional, limited follow-up questions from each party and five days for parties or witnesses to answer.

The decisionmaker will then issue a written determination regarding responsibility in accordance with Title IX and its regulations. The written determination will include, among other things, the findings of fact supporting the determination, the rationale for the determination, and any disciplinary sanctions imposed on the respondent and/or remedies designed to restore or preserve the complainant’s equal access to the Compass education program or activity.

What are my rights during this grievance process?

During this process, parties are guaranteed a number of rights, including:

Presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process;
Equal opportunity to:
- (i) present witnesses and other evidence, and
- (ii) inspect and review any evidence obtained as part of the investigation that is directly related to the allegations in the formal complaint;
Privacy protections for records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional;
Protections for information covered by a legally recognized privilege;
Credibility determinations based on factors other than a person’s status as a complainant, respondent or witness;
Objective evaluation of all relevant evidence;
No conflict of interest or bias for or against complainants or respondents, either individually or as a group;
The right to an advisor of choice, who may be, but is not required to be, an attorney; and
No Retaliation.

How long will the grievance process take?
The grievance process (up to and including an appeals determination, if applicable) will be completed in a reasonably prompt time frame, which Compass designates as 120 school days from receipt of the formal complaint, unless good cause prevents resolution within that period of time. Good cause may include considerations such as absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. If good cause exists, the Title IX Coordinator may allow temporary delays or limited extensions of time frames with written notice to the complainant and respondent of the delay or extension and the reasons for the action.

What is the standard of evidence for determining responsibility?
The standard of evidence to be used for determining responsibility under this grievance procedure (and for all formal complaints of sexual harassment, including formal complaints against employees and students) is preponderance of the evidence (more likely than not).

What remedies are available under this grievance procedure?
Remedies under this grievance procedure must be designed to restore or preserve equal access to the education program or activity.

For students, the range of possible remedies may include but is not limited to: restorative conversations, safety escorts, or change of classes.

For employees, the range of possible remedies may include but is not limited to: restorative conversations, no-contact order, or change of work assignment. The Title IX Coordinator is responsible for effective implementation of any remedies.

The decisionmaker and/or reviewer may make recommendations for discipline (according to applicable Compass policies and procedures) when a respondent is determined to be responsible for sexual harassment. For students, discipline could mean anything from verbal counseling up to and including expulsion. For employees, discipline could mean anything from verbal counseling up to and. including termination.

Can I appeal the decisionmaker’s determination?
Any party can appeal the decisionmaker’s determination within 3 school days of its issuance. Any party may file an appeal by making a written request to the Title IX Coordinator detailing the reason for the appeal. Notices of appeal should be sent to [email protected].

Parties can appeal on the following bases:
Procedural irregularity that affected the outcome of the matter;

New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or

The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or against the individual complainant or respondent that affected the outcome of the matter. Parties also have the right to appeal a mandatory or discretionary dismissal decision.

What is the appeal process?
Upon receipt of a timely appeal, the Title IX Coordinator will notify the parties that an appeal has been filed. The Title IX Coordinator will also appoint a reviewer -- usually senior Compass administrative staff -- to consider the appeal and notify the parties of the selected reviewer.

The reviewer will notify the parties of the appeal procedures and set a schedule for the parties to submit a written statement in support of, or challenging, the decisionmaker’s determination. Upon reviewing both parties’ statements, the reviewer will issue a reasoned written decision describing the result of the appeal and rationale for the result. The reviewer’s decision will be final and binding on the parties.

Can my complaint be dismissed?

Some complaints do not fall under the jurisdiction of Title IX. When this happens, any formal complaint will be dismissed, and the concerns will be addressed through other Compass policies and procedures regarding misconduct.

Compass also has discretion to dismiss a formal complaint if:

the complainant submits a written request for withdrawal to the Title IX Coordinator;
the respondent is no longer enrolled at or employed by Compass; or
the specific circumstances prevent gathering evidence sufficient to reach a determination.

Dismissal decisions may also be appealed.