UWC Procedures

Under Yale’s disciplinary regulations and Policy Against Discrimination, Harassment, and Sexual Misconduct, sexual misconduct incorporates a range of behaviors including sexual assault, sexual harassment, intimate partner violence, stalking, voyeurism, and any other conduct of a sexual nature that is nonconsensual or has the purpose or effect of threatening or intimidating a person or persons. Violations of Yale’s Policy on Teacher-Student Consensual Relations and its Policy on Relationships between Staff Members are forms of sexual misconduct. Sexual misconduct may involve nonconsensual sexual contact, but this is not a necessary component. For example, threatening speech of a sexual nature that is sufficiently severe or pervasive to constitute sexual harassment is sexual misconduct. In addition, recording or disseminating through any means (e.g., live-stream, online post, text) images, pictures, audio, or video of individuals engaging in sexual activity without the consent of all parties is a form of sexual misconduct.

Sexual misconduct does not include other harassment on the basis of sex that is not sexual in nature (for example, harassment on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity). The Office of Institutional Equity and Accessibility can assist with allegations of this nature.

Yale aims to combat sexual misconduct through education, training, clear policies, and consequences for violations of these policies and disciplinary regulations. In addition to being subject to university disciplinary action, sexual misconduct may lead to civil liability and criminal prosecution. More information regarding Yale’s policies and definitions governing sexual misconduct can be found here.

Individuals who have experienced sexual misconduct may seek assistance from one of Yale’s Title IX Coordinators, who are faculty and staff members available to talk with community members about sexual misconduct concerns and questions, a specific incident, or the campus sexual climate in general. Please note that Yale’s Policy Against Discrimination, Harassment and Sexual Misconduct also prohibits retaliation against any person who has reported a concern, filed a complaint, and/or participated in an investigation or engaged in other protected activity pursuant to said policy. Title IX Coordinators are available to discuss this non-retaliation protection in more detail, as well as help arrange supportive  measures, explain options for pursuing complaints, receive formal complaints, and, in some circumstances, file formal complaints. More information on the role of the Yale Title IX Coordinators, the services they can provide, and their contact information is available here.

Individuals may also seek assistance from the University-Wide Committee on Sexual Misconduct (“UWC”), which is appointed by the provost and chaired by a tenured member of the faculty. The UWC and its professional staff are available to answer inquiries, work with the Title IX Coordinators to arrange supportive measures, fairly and expeditiously address formal complaints, and assist with alternative resolutions to complaints. The work of the UWC is administered by the UWC Director (“Director”).1 The provost or provost designee and the University Title IX Coordinator will meet regularly with the UWC Chair to discuss the work of the UWC and the efficacy of these procedures.

Filing a complaint with the UWC or a Title IX Coordinator is not a prerequisite to filing a complaint of discrimination with Connecticut’s Commission on Human Rights and Opportunities, the federal Equal Employment Opportunity Commission, the U.S. Department of Education’s Office for Civil Rights, or any other state or federal agency; and seeking assistance from the university, including but not limited to the Title IX Office, the Office of Institutional Equity & Accessibility (“OIEA”), or the UWC, in no way precludes filing a state or federal discrimination complaint.

Individuals who have experienced sexual misconduct may also contact the SHARE Center and the Yale or New Haven Police Departments, in addition to seeking assistance from a Title IX Coordinator or the UWC.

1. Reporting Allegations of Sexual Misconduct and Obtaining Supportive Measures

Any person may report sexual misconduct to a Title IX Coordinator (whether or not the person reporting is the alleged target of the misconduct)2 A person who reports sexual misconduct may do so without pursuing a formal complaint and may ask that the matter be kept confidential from the Respondent or other persons involved in the events.

The Title IX Coordinator will offer supportive measures, as appropriate, to the person who allegedly suffered misconduct (“complainant”) and the person alleged to have committed the misconduct (“respondent”).3  Supportive measures are non-disciplinary, non- punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge. These measures will be offered before or after the filing of a formal complaint (including when a complaint is dismissed) or where no formal complaint has been filed. They are designed to restore or preserve equal access to Yale’s education programs and activities, without unreasonably burdening any of the parties. Supportive measures include measures designed to protect the safety of all parties, protect the safety of Yale’s educational environment, or deter sexual misconduct.

Supportive measures may include, but are not limited to:

• counseling;
• extensions of deadlines or other course-related adjustments;
• modifications of work or class schedules;
• campus escorts;
• mutual restrictions on contact between the parties;
• changes in work or housing locations;
• voluntary leaves of absence;
• reasonable limitations on access to Yale programs and activities; and
• increased security and monitoring of certain areas of the campus.

Yale will maintain as confidential and refrain from disclosing any supportive measures provided to the parties, except to the extent that maintaining such confidentiality would impair Yale’s ability to provide the measures or restore or preserve a party’s access to a university education program or activity. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures and any remedies.4

Students and employees with disabilities may request reasonable accommodations from the Title IX Coordinator to enable them to participate in the processes described herein.

2. Options to Pursue Alternative Resolutions of Sexual Misconduct Allegations

Persons involved in allegations of sexual misconduct may prefer to resolve the allegations without an investigation and adjudication process. This is a voluntary choice that the parties may wish to make after meeting with the UWC and/or a Title IX Coordinator and fully exploring their options.

Before initiating an alternative resolution, Yale will notify the Parties of the following rules that apply to all alternative resolutions:

• The allegations and the requirements of the alternative resolution process.
• The parties must voluntarily consent in writing to participate in an alternative resolution process; Yale will never require that they do so or condition the educational, employment, or other rights of parties on the waiver of their right to an investigation and adjudication of formal complaints of sexual misconduct.
• For the parties to proceed with an alternative resolution, the university must agree that an alternative resolution is appropriate to the circumstances of the case. An alternative resolution is not permitted if such a process would conflict with federal, state, or local law. Yale also may decline to permit an alternative resolution if it determines that the alleged conduct presents a risk of harm to others. Furthermore, Yale will not offer a process for the alternative resolution of allegations brought by or on behalf of students against Yale employees, including faculty members.
• At any time prior to signing a written Resolution Agreement, any party has the right to withdraw from the alternative resolution process and resume or initiate the formal complaint process.
• If a Resolution Agreement is completed at the conclusion of the alternative resolution process, the Parties are precluded from initiating or resuming a complaint process arising from the same allegations.
• If an alternative resolution process is initiated but not completed, records of the process itself ordinarily will be destroyed with the exception of the UWC file.
• No documents or statements created as part of the alternative resolution process may be used in a subsequent formal complaint proceeding about the same allegations.

As discussed in Section 4, below, federal regulations for the implementation of Title IX of the Education Amendments of 1972 provide detailed rules for addressing formal complaints of some types of sexual misconduct, including sexual assault, intimate partner violence, stalking, and some forms of sexual harassment. Sexual misconduct covered by these regulations is referred to below as “Title IX sexual misconduct” and is defined here. Yale will not offer an alternative resolution process for allegations of Title IX sexual misconduct, unless a formal complaint has been filed. So long as Yale provides written notice of the procedures discussed in this section, Yale may offer the parties an alternative resolution process at any point after a formal complaint of Title IX sexual misconduct has been filed and before a determination regarding responsibility has been reached. A formal complaint also is required to initiate an alternative resolution process for an allegation of sexual misconduct that is not covered by federal regulations. 

3. Provisions Applicable to all Formal Proceedings 

3.1 Procedural guidance from a Title IX Coordinator and the UWC Director 

Title IX Coordinators and the UWC Director are available to help the parties understand these procedures. In particular, the parties may wish to discuss which of Yale’s two investigation and adjudication processes applies to the circumstances of their case. (These processes are described in Sections 4 and 5, below.) When bringing formal complaints to a Title IX Coordinator, complainants are not required to identify the process they believe should apply. The UWC will assess the matter and advise the Complainant of which process (Section 4 or Section 5) will be applied to the complaint.

3.2 Conflicts of interest and bias

No one designated by Yale to play a role in investigating, adjudicating, or resolving a matter under these procedures may play such a role if their participation would be affected by a conflict of interest or by bias for or against complainants or respondents, generally, or an individual complainant or respondent, specifically.

3.3 Confidentiality and honesty

Yale will only share information related to any report, complaint, supportive measures, alternative resolution, or adjudication process under the following circumstances:

• When requested by a person with a legal right to receive disclosures of information, or with prior written consent;
• When necessary to effectuate Yale’s Policy Against Discrimination, Harassment, and Sexual Misconduct and these UWC Procedures, or to otherwise address conduct which may reasonably constitute sexual misconduct;
• As required by Federal law or regulation, including by the terms and conditions of a Federal award (e.g., a grant award or other funding agreement); and/or
• When required or permitted by State or local law or the Family Educational Rights and Privacy Act (“FERPA”).

Yale also provides training to personnel and instructs parties and witnesses regarding the safeguarding of information and will take other reasonable steps to prevent and address the parties’ and, if applicable, their advisors’, unauthorized disclosure of information and evidence obtained solely through the UWC process.

Subject to the following rules pertaining to Confidential Documents, and the university’s prohibition on retaliation, as described in Policy 9000, parties to a formal proceeding under these procedures are not restricted in their ability to discuss the allegations under investigation, the fact that a complaint has been filed, or Yale’s handling of the complaint, including for the purposes of obtaining and presenting evidence, consulting with family members, confidential resources, or advisors, or otherwise preparing for or participating in the process. However, all documents that are prepared specifically for use in a formal proceeding (“Confidential Documents”) must be held in strict confidence.

Parties may not disclose Confidential Documents to anyone other than their advisors in the formal proceeding, family members, and attorneys, and they must inform these recipients that Confidential Documents are strictly confidential and may not be further disclosed. No member of the Yale community may publish Confidential Documents, no matter how the documents are acquired. Disciplinary action may be taken against any member of the Yale community who discloses or publishes a Confidential Document in violation of these procedures or who is responsible for the improper disclosure or publication of such documents by others. The Provost’s Statement on the Confidentiality of Sexual Misconduct Documents elaborates on these confidentiality obligations.

An individual who approaches a Title IX Coordinator or the UWC with an inquiry may ask that the matter be kept confidential from the respondent or other persons involved in the events. Yale will respect the confidentiality of the matter, unless the wellbeing of the Yale community or individual members requires that Yale disclose the matter. In addition, Yale may not be able to preserve the complete confidentiality of formal proceedings in the event of litigation or a government investigation. Finally, respondents may have access to sexual misconduct allegations that become part of their education records or personnel files, although in such cases the university will remove information identifying complainants.

Yale strongly encourages parties and witnesses to cooperate in formal proceedings, and those who do so must provide truthful information in all phases of the proceedings. Any person who, in bad faith, provides false information that is material to a formal proceeding may receive a more severe penalty or be referred for discipline. A determination that a respondent was not responsible for a policy violation does not establish that the complainant or any other party or witness has made a false allegation or statement in bad faith.

3.4 Retaliation

As provided in the Policy Against Discrimination, Harassment, and Sexual Misconduct, Yale forbids retaliation, defined as any adverse action taken against a person who has reported a concern, filed a complaint, and/or participated in an investigation or engaged in other protected activity pursuant to this policy. Retaliation includes conduct that would discourage a reasonable person from engaging in activity protected under this policy. Retaliation may be present even where there is no finding of a violation of University policy on the underlying allegations of sexual misconduct. Retaliation does not mean good faith actions lawfully pursued in response to a report of sexual misconduct.

3.5 Recordkeeping

The UWC will maintain for seven years the following records of formal sexual misconduct proceedings:

• all evidence directly related to the allegations raised in a formal complaint, investigation reports, hearing transcripts or recordings, dismissal decisions, and hearing panels’ reports;
• all penalties imposed on the respondent and any remedies provided to the complainant designed to restore or preserve equal access to Yale’s education programs or activities; and
• all appeals and appeal decisions.

      3.6 Initiation of Complaint by a Title IX Coordinator 

  A Title IX Coordinator may, in the coordinator’s discretion, initiate a formal complaint with the UWC alleging sexual misconduct or Title IX sexual misconduct on behalf of a Section 4 Complainant or Section 5 Complainant (see Sections 4 and 5 below) after consideration of certain factors, including, but not limited to:

• The complainant’s request not to proceed with initiation of a complaint;
• The complainant’s reasonable safety concerns regarding initiation of a complaint;
• Whether the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other person, or the conduct as alleged prevents Yale from ensuring equal access on the basis of sex to its education program or activity;
• The risk that additional acts of sexual misconduct would occur if a complaint is not initiated;
• The severity of the alleged sexual misconduct, including whether, if established, Yale would require the removal of the respondent from campus or impose another disciplinary sanction to end the sexual misconduct and prevent its recurrence;

• The age and relationship of the parties, including whether the respondent is an employee;
• The scope of the alleged sexual misconduct, including information suggesting a pattern, ongoing conduct, or conduct alleged to have impacted multiple individuals;
• The availability of evidence to assist a decisionmaker in determining whether sexual misconduct occurred; and,
• Whether Yale could end the alleged sexual misconduct and prevent its recurrence without initiating the complaint process.

4. Formal Sexual Misconduct Proceedings that are Subject to Federal Regulations

Federal regulations for the implementation of Title IX of the Education Amendments of 1972 provide detailed rules for addressing formal complaints of some types of sexual misconduct, including sexual assault, intimate partner violence, stalking, and some forms of sexual harassment. Sexual misconduct covered by these regulations is referred to below as “Title IX sexual misconduct” and is defined here.

4.1 Conditions for bringing a formal complaint of Title IX sexual misconduct.

A person who has experienced Title IX sexual misconduct may bring a formal complaint to the UWC, so long as these conditions are met:

• The alleged misconduct meets the definition of Title IX sexual misconduct under federal regulations (2020 Final Rule), which is set forth in the Policy Against Discrimination, Harassment, and Sexual Misconduct.
• At the time the complaint is filed, the person bringing the complaint is participating in or seeking to participate in a Yale program or activity.
• The person accused of the misconduct is employed by Yale, is a Yale student, or is enrolled in a Yale program or activity.
• The alleged misconduct occurred on the Yale campus; at a Yale sponsored event; in another place, event, or circumstances over which Yale exercised substantial control; or in a building owned or controlled by a student organization officially recognized by Yale.
• The alleged misconduct was directed toward a person in the United States.

Any complaint regarding conduct that satisfies the above-described criteria and is alleged to have occurred before August 14, 2020 will be addressed under Section 5 of these procedures.

4.2 Advisors

A party must provide the advisor’s name and contact information to the UWC Director prior to meeting with the investigator. A party must also inform the Director if a new advisor is selected. The Director will send the advisor copies of Confidential Documents (see Section 3.3, above), unless the party requests otherwise. A party wishing to bring an attorney as an advisor must inform the Director at least five days in advance of the first meeting that the advisor will attend.

Parties may have no more than one advisor with them at a meeting, including a hearing. If a party plans to change advisors for the hearing, the party must inform the Director at least five days before the hearing. If a party does not have an advisor, the Director will appoint an advisor for the hearing, at no cost to the party.6

4.3 Initiating a formal complaint of Title IX sexual misconduct under Section 4

A person wishing to make a formal complaint of Title IX sexual misconduct under Section 4 must submit to a Title IX Coordinator and/or the Director a written complaint that is signed, sent electronically from the complainant’s account, or otherwise authenticated. The complaint must include the names of the parties involved in the incident, if known; a description of the alleged Title IX sexual misconduct; and the date and location of the alleged incident(s), if known. A Title IX Coordinator may, under the circumstances specified in Sections 3.6 and 4.1, file a formal complaint with the UWC. The Director and the Chair of the UWC (“Chair”)7  will determine whether the complaint meets the conditions set out in Section 4.1 above, whether it provides sufficient detail or must be supplemented, or whether it satisfies the criteria for dismissal described in Section 4.4 below. If the complaint does not meet the conditions in Section 4.1, must be supplemented, or is being dismissed, the Director will advise the complainant of this decision in writing, as well as explain why the complaint cannot proceed and describe other options, if any, that the complainant may have for addressing the alleged misconduct. If the complainant declines to supplement the complaint, the UWC will move forward with assessing whether the conditions of Section 4.1 are satisfied or whether it should be dismissed under Section 4.4.

If a complaint meets the conditions for further proceedings, the Director will send a written notice to both parties,8, with the following information:

• a copy of the complaint;
• a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the proceeding after the parties have had the opportunity to present relevant (not otherwise impermissible) evidence to trained, impartial decisionmakers;
• a statement that the parties may have one advisor of their choice, who may be, but is not required

All time periods governing the investigation, hearing, and appeal of a complaint are set out in Section 4.11, below.

At any point before the submission of an investigation report to the hearing panel, as discussed in Section 4.7 below, the UWC may consolidate complaints of Title IX sexual misconduct and other misconduct that have been made against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, so long as the allegations arise out of the same facts or circumstances.9 The decision to consolidate complaints will be made by the Director and the Chair. If complaints are consolidated after the parties have received the initial notice of a proceeding, the Director will provide the parties with a revised notice. The UWC will not accept a new complaint if a complaint based on the same set of circumstances by the same complainant has already been decided (either by dismissal or through a finding of responsibility or no responsibility).

To implement supportive measures, the Director will inform relevant Yale officials that a formal complaint has been filed. The Title IX Coordinator(s) designated by the Title IX Office will coordinate appropriate supportive measures, and university officials are expected to cooperate in implementing those measures.

4.4 Dismissal or withdrawal of a complaint; alternative resolution

The Chair and the Director will consider dismissing a complaint under Section 4 if, at any point during a proceeding, information emerges establishing that:10

• the conduct alleged in the complaint would not constitute Title IX sexual misconduct under federal regulations (2020 Final Rule) and/or Yale policy, even if proved, after reasonable efforts to clarify have been made;11
• the conduct alleged did not occur in a Yale program or activity; 
• the conduct alleged was not directed at a person in the United States;
• the respondent is no longer enrolled at or employed by Yale or is not, or is no longer otherwise participating in an education program or activity;
• Yale cannot identify the respondent after taking reasonable steps to do so;
• the conduct alleged occurred before August 14, 2020; or
• specific circumstances would prevent the UWC from gathering evidence sufficient to reach a determination of responsibility.

In the event of a dismissal, supportive measures may still be provided to the complainant (and respondent, if already notified of the complaint), and the Title IX Coordinator may refer the matter to another, appropriate office for review and response. The Director will send simultaneous written notice of the decision regarding dismissal, including the reasons for the decision, to the complainant (and to the respondent, if already notified of the complaint). Either party may appeal a decision regarding dismissal, under Section 4.10, below.

The complainant may, at any time before the day scheduled for the hearing, request in writing to the Director that the complaint be withdrawn. The Chair and the Director in consultation with the Title IX Coordinator will decide whether to agree to the request.12 If the request to withdraw is denied, the complainant will be notified in writing of the decision and rationale, and the complainant will not be required to participate in the proceeding.

At any time before the hearing date, the parties may request an alternative resolution process to which both parties must give their voluntary, informed, written consent. See Section 2, above, for more information on the alternative resolution process.

4.5 Appointment of investigators, hearing officers, other hearing panel members, and appellate decision makers

After accepting a complaint for a formal proceeding, the Chair will appoint (i) an investigator to investigate the complaint; (ii) a hearing officer, trained as an attorney, to preside over the hearing of the complaint and participate in deciding the case; (iii) three UWC members to serve with the hearing officer on the hearing panel and participate in deciding the case;13; and (iv) an appellate officer, who must be either a tenured faculty member on the UWC or a faculty member with a continuing appointment who is on the UWC14 (collectively, “appointees”). The Director will send a written notice to the parties, providing the names of the appointees and informing the parties of their opportunity to object to the participation of one or more appointees. The objection must state the party’s grounds for believing an appointee would be affected by a conflict of interest or by bias for or against complainants or respondents generally or an individual complainant or respondent specifically15. The Chair and Director will decide whether an objection has satisfied this criteria. If a successful objection to the participation of an appointee is raised, the Director will make a new appointment, and the parties will have an opportunity to object to the person selected as a replacement.16

The appointees will receive a copy of the complaint and must withdraw from the proceeding if their relationship to the complainant or the respondent or other circumstances lead them to believe that they have a conflict of interest or bias or if requested to withdraw by the Chair.

4.6 Rules that apply throughout a Title IX sexual misconduct proceeding under Section 4

In addition to those procedural rules discussed elsewhere in these procedures, the following rules apply throughout a Title IX sexual misconduct proceeding under Section 4:

• At all times, the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on Yale and not the parties.
• If a party is invited to attend an investigative interview, hearing, or other meeting, the UWC or the investigator will give the party written notice of the meeting, with sufficient time for the party to prepare to participate. The notice will include the date, time, location, and purpose of the meeting and the names of participants.
• The parties will have equal access to any evidence obtained as part of the investigation that is directly related to the allegations raised in the complaint, including inculpatory and exculpatory evidence, and an equal opportunity to present evidence and witnesses, including fact and expert witnesses.
• All relevant evidence – including both inculpatory and exculpatory evidence – must be objectively evaluated, and credibility determinations, to be made to the extent credibility is both in dispute and relevant, may not be based on a person’s status as a complainant, respondent, or witness.
• The university may not access, consider, disclose, or otherwise use the following evidence, even if it would otherwise be relevant:
  • evidence protected under a privilege recognized by federal or state law, unless the person holding the privilege has waived it voluntarily;
  • a party’s records that are made or maintained by a health care provider acting in the provider’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the recipient obtains that party’s voluntary, written consent to do so for the complaint process;
  • evidence and questions about the complainant’s sexual interests or prior sexual conduct, unless:
    • offered to prove that someone other than the respondent committed the conduct alleged, or
    • if concerning specific incidents of prior sexual activity with the respondent which are relevant to understanding consent.

4.7 Investigation

The investigator will gather documents and conduct interviews as necessary to reach an understanding of the facts and circumstances surrounding the allegations of the complaint.17 . The investigator will give both parties an equal opportunity to provide evidence and propose witnesses. The UWC will give both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the complaint, so that each party can meaningfully respond to the evidence in writing prior to completion of the investigation report. This requirement to share the evidence includes evidence that Yale does not intend to rely on in reaching a determination regarding responsibility, and it includes inculpatory and exculpatory evidence, whether obtained from a party or another source.

Parties must provide the UWC investigator with all information and evidence prior to the UWC sharing the directly-related evidence with the Parties for review. Ordinarily, parties will not be permitted to submit additional evidence (including but not limited to emails, photographs, video, or proposed expert witness testimony or reports) for consideration in the UWC process after the UWC shares the directly-related evidence unless the Party discovered new and significant information that could reasonably affect the outcome and was not known or could not reasonably have been discovered and/or presented to the investigator prior to the sharing of the directly-related evidence. It is within the UWC Chair’s sole discretion whether a Party has satisfied this criteria.

Once the UWC gives all parties an opportunity to inspect and review the directly-related evidence, each party will have the opportunity to respond to the evidence in writing prior to completion of the investigation report. Each party will have 10 days following the parties’ receipt of the evidence to review the evidence and submit their written response.

The investigator will then present a draft investigation report to the Chair and Director. After reviewing the report, the Chair or the Director may request clarifications and additional investigation. The Director will send a copy of the final investigation report to the parties and their advisors and inform them of their opportunity to submit a written response to the report and to provide a list of those witnesses included in the report whom they wish to appear at the hearing. The parties’ witness lists must describe the subject and relevance of the proposed witnesses’ testimony.

The Director will provide the hearing panel with the complaint, the investigation report, the parties’ responses to the investigation report, the parties’ witness lists, a list of witnesses recommended by the investigator, and any evidence obtained as part of the investigation that is directly related to the allegations raised in the complaint. The hearing officer will determine which witnesses may be able to provide relevant testimony that was not conveyed to the investigator, and the Director will invite those witnesses to the hearing.

4.8 Hearing

The Director will schedule a hearing for no earlier than five days after the date for submission of the parties’ responses to the investigation report. Unless both parties ask to appear jointly, the complainant and the respondent will not appear jointly before the hearing panel at any stage of the hearing. The party who is not before the hearing panel will be in a private room with audio and visual access to the proceedings providing each party, witness, their advisors, and the panel members to see and hear each other in real- time. Advisors will remain with the parties they are representing. Parties and witnesses may, as determined by the hearing officer, participate in a hearing by audio-visual link from a remote location providing each party, witness, their advisors, and the panel members with the opportunity to see and hear each other in real-time. A recording of the hearing will be made by the university, with no other recording permitted, and be made available to both parties.

The hearing officer will begin the hearing by explaining the substance of the complaint and the specific university policy or policies allegedly violated. The hearing panel will then interview the parties and the witnesses, and each party’s advisor will have an opportunity to question, orally and directly, the other party and the witnesses. The hearing officer will enforce the following rules:

• Under no circumstances may a party directly question another party or a witness.
• Advisors must treat all participants in the hearing with courtesy, which means, among other things, that they may not raise their voices, speak over another participant who holds the floor, badger witnesses, or ask questions that the hearing officer has determined were previously asked and answered.
• Advisors will be permitted to ask relevant questions and follow-up questions, including questions that challenge a witness’s credibility.
• Before a complainant, respondent, or witness answers a question, the hearing officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.18.
• Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to address the issue of consent.
• Once the hearing officer has said that a decision regarding courtesy, relevance, or any other matter is final, an advisor may not challenge the decision at the hearing.
• With permission of the hearing officer, questioning may be paused at the witness’s request.

Prior to the hearing, advisors must sign a statement agreeing to abide by the above rules.

The hearing panel may not draw an inference regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer questions.

4.9 Decision of the hearing panel

Following the hearing, the hearing panel will decide whether the respondent is responsible for the alleged Title IX sexual misconduct. The standard of proof for each finding of fact and conclusion will be a preponderance of the evidence. In determining sanctions after a finding of responsibility, the hearing panel may consider a respondent’s previous formal discipline, including written reprimands, and/or the respondent’s criminal conviction(s) arising out of this past conduct or the events complained of, if any. The hearing panel may not consider as evidence of responsibility previous accusations of other acts of sexual misconduct that did not result in formal discipline or the fact that a criminal investigation or prosecution is pending in relation to the events complained of.

If a party is found responsible, the hearing panel will consider whether to provide remedies and/or impose a penalty (disciplinary sanctions). The Director will inform the hearing panel about the nature of previous remedies and penalties that Yale has applied in similar circumstances. The Director will also describe any formal Yale discipline previously imposed on the respondent, and the hearing panel may consider this prior discipline in imposing a penalty in the current matter. 

Remedies offered to complainants to restore equal access to Yale’s programs and activities may include:

• counseling;
• extensions of deadlines or other course-related adjustments;
• modifications of work or class schedules;
• campus escorts;
• mutual restrictions on contact between the parties;
• changes in work or housing locations;
• limitations on the respondent’s access to Yale programs and activities, including removal of the respondent from campus; and
• increased security and monitoring of certain areas of the campus.

Persons found responsible for Title IX sexual misconduct may receive penalties ranging from a reprimand to expulsion from the university or termination of university employment, as discussed in applicable faculty, trainee, student, and staff policies and regulations.

All decisions of the hearing panel must be made by majority vote (three out of four), except a unanimous vote is required for a decision to impose a penalty of three or more terms of suspension, a penalty of expulsion, or a penalty of termination. Abstentions are not permitted.

In consultation with the other hearing panel members, the hearing officer will prepare a written decision report that includes the following elements:

• a description of the alleged Title IX sexual misconduct;
• information about the policy and procedures used to evaluate the allegations, including a description of the procedural steps taken from the receipt of the complaint through the decision, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
• the decisionmaker’s evaluation of the relevant (not otherwise impermissible) evidence and determination of whether the respondent is responsible or not responsible for prohibited Title IX sexual misconduct and, if responsible, the specific behaviors for which the respondent was found to be responsible;
• when the decisionmaker finds that Title IX sexual misconduct occurred, any disciplinary sanctions the university will impose on the respondent, and whether remedies other than the imposition of disciplinary sanctions will be provided by the university to the complainant and, to the extent appropriate, others identified by the university to be experiencing the effects of the Title IX sexual misconduct; and
• the grounds and procedures for an appeal.

The hearing officer will send the decision report to the Director, who will send it simultaneously to each party. The decision becomes final and discipline will go into effect either on the date that any appeal is decided or, if neither party brings an appeal, the date on which an appeal would no longer be considered timely.

4.10 Appeals

Either party may appeal a decision by the UWC regarding dismissal of a complaint or the hearing panel’s decision regarding responsibility by sending a written appeal to the Director. The only grounds for appeal are:

The Director will provide a copy of the appeal to the other party, who may send a written response to the Director.

The Director will send the appeal, any response to the appeal, and relevant investigation and hearing documents to the appellate officer, who will issue a written decision with rationale. If the appeal of a panel decision is denied, the matter will be returned to the Director to provide an update to the parties and close the matter. If the appeal is granted, the matter will be returned to the Director to appoint a replacement of a UWC participant or investigator to reconsider the matter, re-open the investigation for consideration of new evidence as part of the investigation and proceed through the hearing process as set forth above, and/or give the hearing panel instructions regarding the nature and extent of reconsideration of their decision due to a procedural irregularity. The hearing panel will promptly reconsider the matter and the hearing officer will issue a new decision report. The Director will send the updated decision report simultaneously to both parties, and no further appeals are allowed.

4.11 Time Periods

The time periods in the table below apply to the review of a formal complaint under this Section. The Chair may extend a time period for good cause, such as illness, holidays, the absence of parties or witnesses from campus, a concurrent investigation, the complexity of the allegations, or the competing demands of other cases. The parties will be informed in writing by the Director if a time period is extended. All time periods include weekends and holidays but not Yale’s winter recess. Deadlines that fall on a weekend or holiday will be extended to the following weekday.  

• a procedural irregularity that affected the outcome of the matter; 
• the discovery of new evidence that was not reasonably available at the time the decision regarding responsibility or dismissal was made and that could reasonably affect the outcome of the matter; or
• a Title IX Coordinator, the Chair, the Director, the investigator, the hearing officer, or another panel member had a conflict of interest or bias for or against complainants or respondents, generally, or the individual complainant or respondent, specifically, that affected the outcome of the matter.

PROCESS	TIME PERIOD
Notice by the parties of their intention to use an attorney as an advisor	Must be received by the Director at least five days in advance of the first meeting that the advisor will attend
Chair’s appointment of an investigator	Within seven days after the UWC accepts the complaint
Parties’ written objections to appointees	Must be received by the Director within five days after parties receive notice of the appointees’ names
The parties’ response to the evidence gathered by the investigator	Must be received by the Director within 10 days after the parties receive the evidence
The Director sends the investigation report to the parties	Within 60 days after the investigator’s appointment
The parties’ witness list and response to the investigation report	Must be received by the Director within 10 days after the parties receive the investigation report
The first day of the hearing	No sooner than 15 days after the parties receive the investigation report
The Director sends the hearing panel’s report to the parties	Within 21 days after the hearing
Appeal by either party	Must be received by the Director within seven days after the parties receive the hearing panel’s report
Response to an appeal	Must be received by the Director within seven days after the opposing party’s receipt of the appeal
Decision on appeal	Within 14 days after the appellate decision maker receives the appeals and any responses

5. Formal Sexual Misconduct Proceedings that are not Subject to Federal Regulations

Some types of sexual misconduct meet the definition of Title IX sexual misconduct, but federal Title IX regulations (2020 Final Rule) do not govern any resulting formal complaint because of the location of the alleged behavior or the status of one of the parties19. Other types of sexual misconduct are not covered by federal regulations because they do not meet the definition of Title IX sexual misconduct.20  This section describes the procedures used for formal complaints of sexual misconduct when the alleged conduct would violate Yale policies but is not subject to federal regulations.

5.1 Conditions for bringing a formal complaint of sexual misconduct under Section 5

5.1(a)  Formal complaints by or on behalf of current or former Yale faculty members, trainees, students, or staff members

A current or former Yale faculty member21, , trainee, student, or staff member22 who has experienced sexual misconduct may bring a formal complaint to the UWC under Section 5, so long as the alleged misconduct cannot be addressed under Section 4 above and these conditions are met:

·       The person accused of misconduct is a Yale faculty member, trainee, or student at the time the complaint is filed23.

·       The alleged misconduct occurred at a time when both the complainant and the respondent were Yale faculty members, trainees, students, or staff members.

5.1(b) Formal complaints brought on behalf of a person who is not a current or former Yale faculty member, trainee, student, or staff member

A Title IX Coordinator may file a formal complaint on behalf of a person who is not a current or former Yale faculty member, trainee, student, or staff member, so long as the alleged misconduct cannot be addressed under Section 4 above and these conditions are met:

·       The person accused of misconduct is a Yale faculty member, trainee, or student at the time the complaint is filed.

·       The alleged misconduct occurred at a time when the accused party was a Yale faculty member, trainee, or student.

·       And (a) the alleged misconduct occurred on the Yale campus; at a Yale sponsored event; or in another place, event, or circumstances for which Yale provided funding or over which Yale exercised substantial control;or (b) the allegations are the subject of criminal proceedings and, in the opinion of the Title IX Coordinator using the factors set forth in Section 3.6 above, if the allegations are true, the person accused of misconduct poses a significant risk to the safety of members of the Yale community.

5.2 Advisors

Parties may be accompanied by one advisor at any stage of a formal proceeding. This one advisor may be anyone of the party’s choosing, including an attorney. The advisor can offer personal and moral support, before, during, and after a hearing, and help the party prepare for meetings related to a complaint. The advisor may not submit documents, either directly or indirectly, on a party’s behalf at any stage of the proceeding, nor speak for the party during an interview with an investigator (see Section 5.7, below). As discussed in Section 5.8, below, the advisor may submit questions to the hearing officer for the hearing officer to ask the other party and witnesses at a hearing. The advisor may also discuss the relevance of questions directly with the hearing officer. Otherwise, an advisor may not speak for a party at a hearing.24

5.3 Initiating a formal complaint of sexual misconduct under Section 5

A person wishing to make a formal complaint of sexual misconduct under Section 5 must submit to a Title IX Coordinator and/or the Director a written complaint that is signed, sent electronically from the complainant’s account, or otherwise authenticated. The complaint must include the names of the parties involved in the incident, if known; a description of the alleged sexual misconduct; and the date and location of the alleged incident(s), if known. A Title IX Coordinator may, under the circumstances specified in sections 3.6 and 5.1, file a formal complaint with the UWC. The Director and the Chair will determine whether the complaint meets the conditions described in Section 5.1 above, whether it provides sufficient detail or must be supplemented, or whether it satisfies the criteria for dismissal described in Section 5.4 below. If the complaint does not meet the conditions in Section 5.1, must be supplemented, or is being dismissed, the Director will advise the complainant of this decision in writing, as well as explain why the complaint cannot proceed and describe other options, if any, that the complainant may have for addressing the alleged misconduct. If the complainant declines to supplement the complaint, the UWC will move forward with assessing whether the conditions of section 5.1 are satisfied or whether it should be dismissed under section 5.4.

If a complaint meets the conditions for further proceedings, the Director will send a written notice to both parties,25 with the following information:

·       a copy of the complaint;

·       a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the proceeding after the parties have had the opportunity to present relevant (not otherwise impermissible) evidence to a trained, impartial decisionmaker;

·       a statement that the parties may have one advisor of their choice, who may be, but is not required to be, an attorney

·       a statement that the parties may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including (i) evidence upon which Yale does not intend to rely in reaching a determination regarding responsibility and (ii) inculpatory or exculpatory evidence,whether obtained from a party or other source;

 ·       a statement that retaliation is prohibited;

·       a statement that these procedures prohibit knowingly providing false information during the proceeding; and

·       a copy of Appendix A to Yale’s Policy 9000, and these procedures. 

All time periods governing the investigation, hearing, and appeal of a complaint are set out in Section 5.11, below. 

At any point before the submission of an investigation report to the hearing panel, as discussed in Section 5.7 below, the UWC may consolidate complaints of sexual misconduct and other misconduct that have been made against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, so long as the allegations arise out of the same facts or circumstances.26 The decision to consolidate complaints will be made by the Director and the Chair. If complaints are consolidated after the parties have received the initial notice of a proceeding, the Director will provide the parties with a revised notice. The UWC will not accept a new complaint if a complaint based on the same set of circumstances by the same complainant has already been decided (either by dismissal or through a finding of responsibility or no responsibility).

To implement supportive measures, the Director will inform relevant Yale officials that a formal complaint has been filed. The Title IX Coordinator(s) designated by the Title IX Office will coordinate appropriate supportive measures, and university officials are expected to cooperate in implementing those measures.

5.4 Dismissal or withdrawal of a complaint; alternative resolution

The Chair and the Director will consider dismissing a complaint if, at any point during a proceeding, information emerges indicating that:

·       the UWC did not have jurisdiction over the complaint under section 5.1 above;

·      the conduct alleged in the complaint would not constitute sexual misconduct under Yale policy, even if proved, after reasonable efforts to clarify have been made;27

·       the respondent is no longer enrolled at or employed by Yale or is not, or is no longer otherwise participating in an education program or activity;

·       Yale cannot identify the respondent after taking reasonable steps to do so; or,

·       specific circumstances would prevent the UWC from gathering evidence sufficient to reach a determination of responsibility.

In the event of a dismissal, supportive measures may still be provided to the complainant (and respondent, if already notified of the complaint), and the Title IX Coordinator may refer the matter to another appropriate office for review and responses. The Director will send the complainant (and the respondent, if already notified of the complaint) simultaneous written notice of the decision regarding dismissal, including the reasons for the decision. 

The complainant may, at any time before the day scheduled for the hearing, request in writing to the Director that the complaint be withdrawn. The Chair and the Director, in consultation with the Title IX Coordinator, will decide whether to agree to the request.28 If the request to withdraw is denied, the complainant will be notified in writing of the decision and rational, and the complainant will not be required to participate in the proceeding.

At any time before a hearing date, the parties may request an alternative resolution process, such as mediation or restorative justice, to which both parties must give their voluntary, informed, written consent. See Section 2, above, for more information on the alternative resolution processes.

5.5 Appointment of investigators, hearing officers, other hearing panel members, and appellate decision makers

After accepting a complaint for a formal proceeding, the Chair will appoint (i) an investigator to investigate the complaint; (ii) a hearing officer, trained as an attorney, to preside over the hearing of the complaint and participate in deciding the case; (iii) three UWC members to serve with the hearing officer on the hearing panel and participate in deciding the case;29 and (iv) an appellate officer, who must either be a tenured faculty member on the UWC or a faculty member with a continuing appointment who is on the UWC 30  (collectively, “appointees”). The Director will send a written notice to the parties, providing the names of the appointees and informing the parties of their opportunity to object to the participation of one or more appointees. The objection must state the party’s grounds for believing an appointee would be affected by a conflict of interest or by bias for or against complainants or respondents, generally, or an individual complainant or respondent, specifically specifically.31 The Chair and Director will decide whether an objection has satisfied this criteria. If a successful objection to the participation of an appointee is raised,the Director will make a new appointment, and the parties will have an opportunity to object to the person selected as a replacement.32

The appointees will receive a copy of the complaint and must withdraw from the proceedings if their relationship to the complainant or the respondent or other circumstances lead them to believe that they have a conflict of interest or bias or if requested to withdraw by the Chair.

5.6 Rules that apply throughout a sexual misconduct proceeding under Section 5

In addition to those procedural rules discussed elsewhere in these procedures, the following rules apply throughout a sexual misconduct proceeding under Section 5:

·       At all times, the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on Yale and not the parties.

·       If a party is invited to attend an investigative interview, hearing, or other meeting, the UWC or the investigator will give the party written notice of the meeting, with sufficient time for the party to prepare to participate. The notice will include the date, time, location, and purpose of the meeting and the names of participants.

·       The parties will have equal access to any evidence obtained as part of the investigation that is directly related to the allegations raised in the complaint, including inculpatory and exculpatory evidence, and an equal opportunity to present evidence and witnesses, including fact witnesses and possibly expert witnesses. Expert witnesses are not generally permitted, and certain kinds of expert evidence, such as polygraphs, are never permitted. However, if a Party presents a compelling justification for the inclusion of an expert witness to explain a particular issue not reasonably discernible by a lay person, the UWC Chair may approve such evidence in appropriate cases. Such approvals are within the UWC Chair’s sole discretion. If approved, the other Party will also be given a reasonable period of time to submit expert witness evidence to speak to the same discrete point, if they wish to do so.

·       All relevant evidence – including both inculpatory and exculpatory evidence – must be objectively evaluated, and credibility determinations, to be made to the extent credibility is both in dispute and relevant, may not be based on a person’s status as a complainant, respondent, or witness.

·       The university may not access, consider, disclose, or otherwise use the following evidence, even if it would otherwise be relevant:

o    evidence protected under a privilege recognized by federal or state law, unless the person holding the privilege has waived it voluntarily;

o    a party’s records that are made or maintained by a health care provider acting in the provider’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the recipient obtains that party’s voluntary, written consent to do so for the complaint process;

o    evidence and questions about the complainant’s sexual interests or prior sexual conduct, unless:

§   offered to prove that someone other than the respondent committed the conduct alleged, or

§   if concerning specific incidents of prior sexual activity with the respondent which are offered to prove consent.

5.7 Investigation

The investigator will gather documents and conduct interviews as necessary to reach an understanding of the facts and circumstances surrounding the allegations of the complaint.33 The investigator will give both parties an equal opportunity to provide evidence and propose witnesses (expert witnesses are subject to approval of the UWC Chair as described in section 5.6). The UWC will give both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the complaint, so that each party can meaningfully respond to the evidence in writing prior to completion of the investigation report. This requirement to share the evidence includes evidence that Yale does not intend to rely on in reaching a determination regarding responsibility, and it includes inculpatory and exculpatory evidence, whether obtained from a party or another source.

Parties must provide the UWC investigator with all information and evidence prior to the UWC sharing the directly-related evidence with the Parties for review. Ordinarily, parties will not be permitted to submit additional evidence (including but not limited to emails, photographs, video, or proposed expert witness testimony or reports) for consideration in the UWC process after the UWC shares the directly-related evidence unless the Party discovered new and significant information that could reasonably affect the outcome and was not known or could not reasonably have been discovered and/or presented to the investigator prior to the sharing of the directly-related evidence. It is within the UWC Chair’s sole discretion whether a Party has satisfied this criteria and the Chair’s decision is not subject to appeal.

Once the UWC gives all parties an opportunity to inspect and review the directly-related evidence, each party will have the opportunity to respond to the evidence in writing prior to completion of the investigation report. Each party will have 10 days following the parties’ receipt of the evidence to review the evidence and submit their written response.

The investigator will then present a draft investigation report to the Chair and Director. After reviewing the report, the Chair or the Director may request clarifications and additional investigation. The Director will send a copy of the final investigation report to the parties and their advisors and inform them of their opportunity to submit a written response to the report and to provide a list of those witnesses included in the report whom they wish to appear at the hearing. The parties’ witness lists must describe the subject and relevance of the proposed witnesses’ testimony.

The Director will provide the hearing panel with the complaint, the investigation report, the parties’ responses to the investigation report, the parties’ witness lists, a list of witnesses recommended by the investigator, and any evidence obtained as part of the investigation that is directly related to the allegations raised in the complaint. The hearing officer will determine which witnesses may be able to provide relevant testimony that was not conveyed to the investigator, and the Director will invite those witnesses to the hearing.

5.8 Hearing

The Director will schedule a hearing for no earlier than five days after the date for submission of the parties’ responses to the investigation report. Unless both parties ask to appear jointly, the complainant and the respondent will not appear jointly before the hearing panel at any stage of the hearing. The party who is not before the hearing panel will be in a private room with audio and visual access to the proceedings providing each party, witness, their advisors, and the panel members with an opportunity to see and hear each other in real-time. Advisors will remain with the parties they are representing. Parties and witnesses may, as determined by the hearing officer, participate in a hearing by audio-visual link from a remote location providing each party, witness, their advisors, and the panel members to see and hear each other in real-time. A recording of the hearing will be made by the university, with no other recording permitted, and be made available to both parties.

The hearing officer will begin the hearing by explaining the substance of the complaint and the specific University policy or policies allegedly violated. The hearing panel will then interview the parties and the witnesses, and each party may submit a list of written questions for the hearing officer to ask the other party or a witness. The questioning party or their advisor may also request that the hearing officer ask follow-up questions. The hearing officer will exclude any question that the hearing officer decides is not relevant, or which is relevant but otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned may also be excluded, but prior to doing so, the hearing officer will give the party posing the question the opportunity to clarify or revise the question. The hearing officer will explain a decision to exclude a question, and the hearing officer’s decision is final. Under no circumstances may a party or their advisor directly question another party or a witness.

5.9 Decision of the hearing panel

Following the hearing, the hearing panel will decide whether the respondent is responsible for the alleged sexual misconduct. The standard of proof for each finding of fact and conclusion will be a preponderance of the evidence. In determining sanctions after a finding of responsibility, the hearing panel may consider a respondent’s previous formal discipline for other acts of sexual misconduct, including written reprimands, and/or the respondent’s criminal conviction(s) arising out of this past conduct or the events complained of, if any. The hearing panel may not consider as evidence of responsibility previous accusations of other acts of sexual misconduct that did not result in formal discipline or the fact that a criminal investigation or prosecution is pending in relation to the events complained of.

If a party is found responsible, the hearing panel will consider whether to provide remedies and/or impose a penalty (disciplinary sanction). The Director will inform the hearing panel about the nature of previous remedies and penalties that Yale has applied in similar circumstances. The Director will also describe any formal Yale discipline previously imposed on the respondent, and the hearing panel may consider this prior discipline in imposing a penalty in the current matter.

Remedies offered to complainants in order to restore equal access to Yale’s programs andactivities may include:

·       counseling;

·       extensions of deadlines or other course-related adjustments;

·       modifications of work or class schedules;

·       campus escorts;

·       mutual restrictions on contact between the parties;

·       changes in work or housing locations;

·       limitations on the respondent’s access to Yale programs and activities, including removal of the respondent from campus; and

·       increased security and monitoring of certain areas of the campus.

Persons found responsible for sexual misconduct under Section 5 may receive penalties ranging from a reprimand to expulsion from the university or termination of university employment, as discussed in applicable faculty, trainee, student, and staff policies and regulations.

All decisions of the hearing panel must be made by majority vote (three out of four), except a unanimous vote is required for a decision to impose a penalty of three or more terms of suspension, a penalty of expulsion, or a penalty of termination. Abstentions are not permitted.

In consultation with the other panel members, the hearing officer will prepare a written decision report that includes the following elements:

·       a description of the alleged sexual misconduct;

·       information about the policy and procedures used to evaluate the allegations, including a description of the procedural steps taken from the receipt of the complaint through the decision, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; 

·       the decisionmaker’s evaluation of the relevant (not otherwise impermissible) evidence and determination of whether the respondent is responsible or not responsible for prohibited sexual misconduct and, if responsible, the specific behaviors for which the respondent was found to be responsible;

·       when the decisionmaker finds that sexual misconduct occurred, any disciplinary sanctions the university will impose on the respondent, and whether remedies other than the imposition of disciplinary sanctions will be provided by the university to the complainant and, to the extent appropriate, others identified by the university to be experiencing the effects of the sexual misconduct; and,

·       the grounds and procedures for an appeal.

The hearing officer will send the decision report to the Director, who will send it simultaneously to each party. The decision becomes final and discipline will go into effect either on the date that any appeal is decided or, if neither party brings an appeal, the date on which an appeal would no longer be considered timely.

5.10 Appeals

Either party may appeal the hearing panel’s decision regarding responsibility by sending a written appeal to the Director. The only grounds for appeal are:

·       a procedural irregularity that affected the outcome of the matter;

·       the discovery of new evidence that was not reasonably available at the time the decision regarding responsibility or dismissal was made and that could reasonably affect the outcome of the matter; or

·       a Title IX Coordinator, the Chair, the Director, the investigator, the hearing officer, or another hearing panel member had a conflict of interest or bias for or against complainants or respondents, generally, or the individual complainant or respondent, specifically, that affected the outcome of the matter.

The Director will provide a copy of the appeal to the other party, who may send a written response to the Director.

The Director will send the appeal, any response to the appeal, and relevant investigation and hearing documents to the appellate officer, who will issue a written decision with rationale. If the appeal of a panel decision is denied, the matter will be returned to the Director to provide an update to the parties and close the matter. If the appeal is granted, the matter will be returned to the Director to appoint a replacement of a UWC participant or investigator to reconsider the matter, will re-open the investigation for consideration of new evidence as part of the investigation and proceed through the hearing process as set forth above, and/or give the hearing panel instructions regarding the nature and extent of reconsideration of their decision due to a procedural irregularity. The hearing panel will promptly reconsider the matter and the hearing officer will issue a new decision report. The Director will send the updated decision report simultaneously to both parties, and no further appeals are allowed.