Procedures for Alleged Violations

1. Overview

Coker University will act on any Notice/Formal Complaint of violation of the Sexual Harassment and Discrimination Policy (“the Policy”) that the Senior Director of Student Experience and Title IX Coordinator or any other Official with Authority receives. The University uses two sets of procedures, known as Process A and Process B. Process A is compliant with the federal Title IX regulations. It involves an investigation and live hearing, including cross-examination. It also includes an Informal Resolution option.

Process A is applicable to all Formal Complaints of Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking that occur within the University’s Education Program or Activity.

Process B may apply to: (1) Formal Complaints of alleged Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, or Stalking that fall outside of the University’s’s Education Program or Activity; and (2) all other complaints of Discrimination, Harassment, and Retaliation on the basis of all Protected Characteristics.

The choice between applying Process A or B is solely at the Senior Director of Student Experience and Title IX Coordinator’s discretion. Occasionally, a Formal Complaint will include conduct that falls within both Processes A and B. When that occurs, Process A will typically be used to address all allegations.

2. Notice/Complaint

Upon receipt of Notice or a Formal Complaint of an alleged Policy violation, the Senior Director of Student Experience and Title IX Coordinator will initiate a prompt initial assessment to determine the University’s next steps. The Senior Director of Student Experience and Title IX Coordinator will contact the Complainant to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.

3. Collateral Misconduct

Collateral misconduct includes potential violations of other University policies that occur in conjunction with alleged violations of the Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all allegations. Thus, the collateral allegations may be charged along with potential violations of the Policy, to be resolved jointly under these Procedures. In such circumstances, the Senior Director of Student Experience and Title IX Coordinator may consult with University officials who typically oversee such conduct (e.g., human resources, student conduct, academic affairs) to solicit their input as needed on what charges should be filed, but the exercise of collateral charges under these procedures is within the Senior Director of Student Experience and Title IX Coordinator’s discretion. All other allegations of misconduct unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in the Student and Employee handbooks.