Sexual Misconduct & Title IX Process

You've made a report by filling out this Sexual Misconduct and Title IX Report Form, but what happens next? What is a report vs. a complaint? When does an investigation occur? The FAQs and flowcharts available below are meant to help you better understand the Title IX process.

Submit a report

View the Sexual Misconduct Process Flowchart

View the Title IX Process Flowchart

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Report:
An individual who wishes to report an act of Prohibited Conduct (including, but not limited to discrimination, harassment, or retaliation) is encouraged to submit a report. A report can be made in-person or by video meeting, by telephone, in writing, or by email to the Title IX Coordinator or a Deputy Title IX Coordinator, or by filling out the Title IX and Sexual Misconduct Report Form.

A report will generate outreach to the Reporting Party with support, resources, and important information regarding additional reporting options and the process for filing a formal complaint, along with other helpful information.

Formal Complaint:
A student who would like the College to pursue the formal investigation and resolution process must submit a Formal Complaint, signed physically or electronically by the complainant, to the Title IX Coordinator or a Title IX Deputy Coordinator. The formal complaint must state the allegations and request that the College initiate an investigation. A formal complaint may be submitted prior to or at any point after the Intake Meeting.

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After receiving a report, the Title IX Coordinator contacts the Reporting Party to schedule a meeting to gather more information about the incident(s). At this time, the Coordinator also provides information about support resources available and what the possible next steps are in the reporting process (filing a formal complaint, etc.) Examples of support include connecting the Reporting Party with the Counseling Center, Student Health Center, talking about necessary classroom and residence hall accommodations, how to file a restraining order, make a police report, and more.)

Read more about what supportive measures are offered during the Intake Meeting in the College's Sexual Misconduct Policy in "Section O: Investigation Process."

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Both a Complainant and Third Party can make a report. "Complainant" refers to a current Champlain College student or employee who is reported to have experienced Prohibited Conduct. "Respondent" refers to an individual alleged to have engaged in Prohibited Conduct. A "Third Party" refers to any other participant in the process, including a witness or an individual who makes a report on behalf of a complainant.

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If the College initiates an investigation of Prohibited Conduct it will provide to the parties a written notice (by electronic or other means) that includes:

  • Information about the College's formal and informal resolution processes;
  • A statement of the allegations of behavior potentially constituting Prohibited Conduct, including sufficient details known at the time and with sufficient time to prepare a response before any initial post-intake interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Prohibited Conduct, and the date and location of the alleged incident, if known.
  • A determination regarding responsibility is made at the conclusion of the grievance process. A student is presumed not responsible for alleged conduct during an investigation process.
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Informal resolution is a voluntary resolution option that does not involve formal hearing-based resolution procedures. Informal resolution may be used in Title IX Sexual Harassment matters in which a formal complaint has been filed by a complainant or signed by the Title IX Coordinator.

At any time prior to reaching a determination regarding responsibility, the College may facilitate an informal resolution process (e.g., mediation or restorative justice) where requested by a party and agreed to by both parties. If a party requests the initiation of an informal resolution process and the Title IX Coordinator agrees that the matter is appropriate for informal resolution, the College will provide to each party a written notice that discloses:

1) The allegations;

2) The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations.

The College generally permits parties to withdraw from the informal resolution process and initiate or re-initiate a formal investigation and hearing process at any time before the informal resolution process is completed and any informal resolution is agreed to in writing by the parties.

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Mandatory dismissal: A Title IX report receives a mandatory dismissal if it does not meet the federal definition of sexual harassment, the alleged conduct did not occur in the course of a program or activity related to the college, or it's against a person outside the U.S.

Discretionary dismissal: The College may (but is not required to) dismiss a formal complaint or any allegations therein if at any time during the investigation or resolution process:

● A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;

● The respondent is no longer enrolled at or employed by the College; or

● Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

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At the end of an investigation and hearing process, if the respondent is found responsible for one or more violations of this Policy -and/or other College policies, including Title IX, Sexual Misconduct, and Student Conduct policies) the College will issue sanctions commensurate with the violation(s).

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