Complaint Resolution Process

Who Does This Process Apply To?

This process applies to all students, employees (staff and faculty) and any other individuals who participate in the College’s programs or activities.

The College only has jurisdiction over the people who continue to be affiliated with Smith as a student or employee (staff or faculty). If a person accused of misconduct does not have a current affiliation with Smith College, the College’s ability to respond to the incident may be limited. In these cases, Smith can provide supportive/interim measures and available resources to an impacted Smith community member, both on and off campus. The College can also provide information regarding any off-campus options that may be available to address the conduct, including but not limited to, referring the matter to law enforcement or another institution. When appropriate, Smith has the discretion to restrict a non-affiliated person’s access to campus or other Smith property.

Roles Under This Process

Role	Definition
Impacted Party	The person who allegedly experienced the conduct.
Complainant	The role of the impacted party when a Formal Complaint is initiated.
Reporting Party	The person who reported the conduct; may or may not be the same person as the Impacted Party.
Responding Party	The person who is alleged to have engaged in the reported misconduct.
Respondent	The person against whom a Formal Complaint is brought.
Responding Party (Non-Community Member)	On occasion, the person accused of discrimination, harassment, or sexual misconduct may not be a current Smith community member. Under those circumstances, Smith can still take steps to address the impact of the conduct and provide information about available supportive measures and resources both on and off campus. The College can also provide information regarding any off-campus options that may be available to address the conduct, including referring the matter to law enforcement or to another institution, where applicable. When appropriate, Smith has the discretion to restrict access to campus or other Smith properties.
Impacted Party (Non-Community Member)	There may also be occasions where an Impacted Party is not a current Smith community member, and alleges that a current Smith student or employee engaged in misconduct. When appropriate, the College may exercise discretionary jurisdiction over that incident. See the Discretionary Jurisdiction section for more information. Concerns raised by someone who is not a Smith community member should be referred to the Office of Civil Rights &; Community Support (CRCS) (titleixcoordinator@smith.edu; 413-585- 2245).

What Conduct Does This Process Apply To?

This Process is applicable to discrimination, harassment and/or sexual misconduct (sexual assault, relationship violence, stalking, sexual exploitation) that occurred on-campus, occurred off-campus in a Smith program, activity or event (including, but not limited to, any national or international College-sponsored programs or College-led trips), or that occurred off-campus but may be impacting an individual’s ability to participate in the College’s programs or activities on-campus. There is no time limitation for submitting a report alleging a violation of the Policy. Matters will be adjudicated under the Process in effect at the time the complaint is initiated.

Discretionary Jurisdiction

There may also be occasions where a third party or formally Smith-affiliated person has alleged discrimination, harassment and/or sexual misconduct by a Smith student or employee, which may or may not have occurred on campus or at a Smith program, activity or event. In these situations, CRCS maintains the option to exercise discretionary jurisdiction over that incident, and the incident should be referred to the CRCS (titleixcoordinator@smith.edu; 413-585-2245). In determining whether to exercise discretionary jurisdiction, Smith will consider many factors, including any impact the conduct may have on the College community and the information that may be available regarding the alleged conduct. The College reserves the right to conduct an initial assessment into the allegations before deciding whether to exercise discretionary jurisdiction.

For the purposes of this Process, the definitions of all prohibited conduct including discrimination, harassment, sexual misconduct, sexual assault, relationship violence, stalking, sexual exploitation, retaliation, consent, incapacitation, and force are set forth in the Policy Against Discrimination, Harassment, and Sexual Misconduct. Those definitions apply to this Process as written and should be referenced directly.

Sub-Section A: Initial Assessment

Concerns about conduct that may violate the Policy Against Discrimination, Harassment and Sexual Misconduct (“Policy”) should be reported to CRCS. Reports can be submitted via email (titleixcoordinator@smith.edu), through the online reporting portal (www.smith.ethicspoint.com), or by scheduling a time to meet with someone from CRCS (titleixcoordinator@smith.edu).

When Smith is notified of a possible violation of the Policy, CRCS will attempt to communicate with the Impacted Party. CRCS will also conduct an Initial Assessment of the report and available information. The Initial Assessment phase may include meeting with the Impacted Party, the Reporting Party, or anyone else who may have information about the report, as determined by CRCS. This Initial Assessment is a means of gathering information to evaluate whether the alleged conduct could constitute a Policy violation and whether an Informal Resolution or a Formal Complaint are available options to address the report.

CRCS will determine, at their discretion, what resolution option(s) is appropriate in a given situation based on the available information and with consideration of the wishes of the Impacted Party where possible. CRCS will review available options with the Impacted Party. CRCS may also refer the matter to another office on campus if the alleged conduct implicates another College policy. If, based on the available information, the conduct does not appear to reasonably constitute a violation of the Policy, CRCS may close the matter. CRCS will strive to complete the Initial Assessment within 30 days³ of receiving the report. This may be impacted by the complexity of the matter, witness availability, and other factors. CRCS will periodically update the Impacted Party on the status of the initial assessment. In addition, an Impacted Party may always contact CRCS (titleixcoordinator@smith.edu; 413-585-2245) for an update regarding the status of the matter.

If the Initial Assessment suggests the conduct does not implicate the Policy, but it is still something of concern, CRCS may utilize an Informal Resolution to bring the concerns to the subject of the report. In these situations, it will be made clear that there has not been a finding of responsibility, but that CRCS deemed it appropriate to alert the Responding Party in order to share the concerns, educate them about the Policy, and provide an opportunity to make any changes necessary to avoid future potential Policy violations.

The College may choose to close a matter after an Initial Assessment:

• when the alleged conduct, even if true, does not implicate the Policy;
• when the Responding Party is not known;
• when the Impacted Party or Responding Party is not affiliated with the College, meaning they are no longer participating or attempting to participate in Smith’s educational programs or activities and/or are no longer employed by Smith;
• when the Complainant voluntarily withdraws any or all of the allegations in the complaint; or
• for any other reason deemed appropriate by the College.

Sub-Section B: Support Person/Advisor

The College recognizes that going through the Complaint Resolution Process can be stressful for all involved (students, staff and faculty). To help support the Impacted Party / Complainant and the Responding Party / Respondent (individually referred to as a “Party”), each is allowed to have one support person or advisor (“Advisor”) of their choice present at any meeting with CRCS under this Process.⁴ Witnesses or potential witnesses (as determined by CRCS) may not serve as Advisors for a Party within this process. An Advisor need not be affiliated with the College, and can be any person the Party feels comfortable confiding in (e.g. a friend, a family member, a person from a support or advocacy agency, legal counsel, etc.).

Within two (2) business days prior to any meeting under this Process, a Party must provide the Director⁵ with the identity and contact information (e-mail and telephone) of the Advisor who will be accompanying them to that meeting. An Advisor will be provided information regarding the Process and the Privacy/Non-Retaliation Requirements that apply to it.

The following apply to all communications as it relates to an Advisor:

• All communications under this Process must occur directly with the Party. That is, CRCS will not communicate with an Advisor instead of the Party, even if the Party makes such a request.
• An Advisor may only provide passive support to the Party during meetings through their presence.
• An Advisor may not speak on behalf of the Party or otherwise actively participate in any meetings in this Process.
• CRCS will not communicate with an Advisor directly and will never communicate with an Advisor without the inclusion of the Party. CRCS may reach out to the Advisor, copying the Party, to ensure they understand their role. If at any point an Advisor is disruptive or unable to meet the expectations detailed here, they will be asked to leave the meeting.
• Advisors will not be permitted to attend future meetings with CRCS if they are unable to abide by these expectations.
• CRCS will only accept documentation, statements or comments written and submitted by a Party. Submissions prepared or written by Advisors will not be considered in the Process.

Sub-Section C: Initiating a Formal Complaint

When a report is received by CRCS about conduct that may reasonably constitute a violation of the Policy, a Formal Complaint may be initiated in two ways: (1) through a Complainant-Initiated Complaint, or (2) through a College-Initiated Complaint. The Formal Complaint is a document that is created by CRCS from information obtained during the Initial Assessment.

1. Complainant-Initiated Complaint

Under this option, the Impacted Party can choose to initiate a Formal Complaint and become the Complainant. Before initiating a complaint, an Impacted Party must meet with CRCS to discuss the alleged conduct, learn more about the Complaint Resolution Process, and be provided with supportive measures and resources.⁶ The Formal Complaint is a document created by CRCS from information provided by the Complainant. A Complainant will receive written notification from CRCS upon initiation of a Formal Complaint At that point, the Complainant may access either the Informal Resolution Process and/or the Investigative Procedure.

2. College-Initiated Complaint

There may be situations where the College pursues a resolution process even if the Impacted Party⁷ chooses not to do so. When it initiates a resolution process, known as a College-Initiated Complaint, the College will notify the Impacted Party and offer supportive measures and resources. If the College initiates a Complaint, the Impacted Party will not be required to participate in the adjudication of that complaint. The college may initiate a complaint in situations including, but not limited to:

• the reported conduct poses a threat to campus safety,
• the College discovers the misconduct (rather than through a report),
• allegations are made against a College employee,
• a specific impacted individual cannot be identified,
• even though the Impacted Party may not want to move forward, the matter is of concern to the College; or
• other appropriate instances at the discretion of CRCS.

When deciding whether to initiate a College-Initiated Formal Complaint, the Director will consider many factors including, but not limited to:

• A request by the Impacted Party not to proceed;
• The risk of additional Policy violations absent a complaint;
• The severity of the alleged conduct, and what is necessary to end the conduct and prevent its recurrence;
• Whether the conduct creates a hostile environment on campus;
• The age and relationship of the Parties, including whether the Respondent is an employee of the College;
• The scope of the alleged conduct, including whether there is a pattern of ongoing misconduct or the conduct is alleged to have impacted multiple individuals;
• The availability of information sufficient to allow the Decision-Making Panel to determine if the Policy was violated.

3. Privacy/Non-Retaliation Requirements

Throughout the Complaint Resolution Process, information will be shared with the Parties and others in the Process that should be kept private. In addition, all individuals involved with the Process will be advised of the prohibition against retaliation. Disclosing information obtained through the Process and/or retaliating against anyone involved in this Process is strictly prohibited and may result in sanctions. While Parties are not restricted in their ability to obtain information in this Process (including by speaking to witnesses), they must also protect the privacy of the other Party and witnesses. Any unauthorized disclosure of information obtained through the Process is a violation of this Process and will be addressed through the appropriate conduct process. Parties will review the Privacy/Non-Retaliation Requirements, acknowledging that they have been advised about the prohibition against retaliation and that the unauthorized disclosure of information from this Process is prohibited.

4. Notice to the Respondent

After a Formal Complaint has been made, the Respondent will meet with CRCS to receive and review the written Notice of Formal Complaint (“Notice”). In that meeting, CRCS will review the Notice of Formal Complaint and the process, including the possibility of an option for an Informal Resolution, the Investigative Procedure, the Formal Complaint Resolution (see Section IX), and the Title IX Hearing Process⁸ (as applicable).

This initial meeting is not meant to be a discussion of the substance of the Complaint; it is only to provide the Respondent with the Notice and to answer any questions about the process. The Respondent will have the opportunity to share information about the factual allegations in the Notice during the Investigative Procedure (discussed below). At the initial meeting, the Respondent will also be advised about the Privacy/Non-Retaliation Requirements (discussed above). If the Respondent is not responsive to outreach from CRCS to schedule this meeting, the notice will be provided via email to the Respondent, the Investigative Procedure will start, and will move forward without the benefit of the Respondent’s input.

The Notice will include the identities of the Parties involved (if known), the specific section(s) of the Policy Against Discrimination, Harassment & Sexual Misconduct (Policy) alleged to have been violated, a brief description of the alleged conduct, and the date(s) (or approximate dates) and location(s) of the alleged conduct, if known. If additional possible Policy violations are identified at any point during the Investigative Procedure, the Respondent will be notified of those additional allegations in writing through an Amended Notice of Formal Complaint (“Amended Notice”).

Accepting Responsibility

Once Notice is received, the Respondent has the option to accept responsibility for the conduct outlined in the Notice. Such acceptance of responsibility must be submitted to CRCS in writing. If the Respondent accepts responsibility, the Investigative Procedure will close and the acceptance will be considered a finding of responsibility. The acceptance of responsibility will be deemed a waiver of the right to further adjudicate the Complaint through either the Formal Complaint Resolution or the Title IX Hearing Process (as applicable). After the acceptance of responsibility is received, the Formal Complaint will be referred for sanctioning in accordance with the appropriate sanctioning process. If the Respondent chooses to accept responsibility, such acceptance cannot be withdrawn. The acceptance of responsibility may be considered as a factor in determining sanctions.

Presumed Not Responsible

The Respondent is presumed not responsible for the allegations in the Notice letter unless and until they either accept responsibility, or a determination has been made by the Decision-Making Panel at the conclusion of the Process. The Investigative Procedure (as discussed below) is meant to gather relevant information about the alleged conduct to assist the Decision-Making Panel in deciding, at the conclusion of the Process, whether the Policy was violated by the Respondent. This means that a Respondent cannot be found responsible prior to the conclusion of the Investigative Procedure.

Respondent’s Response

If the Respondent does not accept responsibility for the conduct alleged, they may provide a written response to the information contained in the Notice within ten (10) business days of the initial meeting between the Respondent and CRCS, or upon receipt of the Notice if no meeting occurs.

5. Dismissal of Formal Complaint/Report

The CRCS may dismiss a Formal Complaint when:

a. the Respondent or Complainant is not affiliated with the College, meaning they are no longer participating or attempting to participate in Smith’s educational programs or activities and/or are no longer employed by Smith⁹;
b. when the Complainant voluntarily withdraws any or all of the allegations in the complaint; or 
c. for any other reason deemed appropriate by the Director.

Some forms of Sexual Harassment and Sexual Misconduct are covered by federal Title IX regulations, which require a specific hearing process. If it becomes apparent during the process that the reported conduct does not meet the requirements for Title IX (for example, because it occurred outside the United States, outside a College program or activity, or before August 14, 2020), CRCS will notify both Parties in writing that the Title IX allegations will be dismissed. The Director will then review whether the conduct will proceed under the Policy through the Formal Complaint Resolution (Section IX) process below.

If CRCS dismisses the Formal Complaint, the Complainant and Respondent will be promptly notified in writing of the basis for the dismissal¹⁰. If a matter is closed during an Initial Assessment or dismissed from a College-Initiated Complaint, CRCS has the discretion of whether to notify the Impacted Party.

6. Appeal of a Dismissal

Both the Complainant and Respondent may appeal the dismissal of the Formal Complaint. Any appeal of the dismissal of the complaint must be submitted, in writing, to CRCS (titleixcoordinator@smith.edu) within five (5) business days after the dismissal date. Please see Section IX, Appeals for additional information including grounds for appeal, and the process for appeal.

Sub-Section D: Investigative Procedure

When a Formal Complaint has been initiated, the Director will assign one (or more) Investigator(s) who will be responsible for gathering information regarding the allegations raised in the Notice of Formal Complaint. The Director has the discretion to assign an Investigator who is an employee of the College or someone from outside the College. The Director will assign an Investigator who does not have a conflict of interest or bias for or against complainants or respondents generally, who has no conflict or bias against any of the Parties to the Formal Complaint, and who has been trained on how to serve impartially. The names of the assigned Investigator(s) will be communicated to the Parties. As soon as possible, but no later than three (3) business days after notification of the identity of the Investigator(s), the Parties shall inform the Director in writing of any concerns about conflicts of interest with regard to the assigned Investigator(s). The Director will consider the nature of the conflict and determine if a different individual should be assigned as Investigator. The Director's decision regarding any conflicts is final.

The assigned Investigator will have annual training and experience on issues of relevance, discrimination, harassment, sexual misconduct, and any laws or regulations that are applicable to this Process, and how to create an Investigative Report that fairly summarizes the relevant information in the pending matter. The Director has the discretion to assign more than one Investigator and/or a note taker. In all cases, the Investigator will conduct a prompt, equitable, fair, thorough and impartial investigation into the allegations raised, under the supervision of the Director.

The Investigation is not an adversarial process, meaning that throughout the Investigative Procedure, the Respondent is presumed to be not responsible and neither Party has the burden to prove or disprove the underlying allegations. Instead, it is the Investigator’s role to gather relevant information about the alleged conduct (as discussed below) in order to assist the Decision-Making Panel in making a determination as to whether the Policy was violated.

1. Timing

Through this Investigative Procedure, the College strives to provide a process that is prompt, equitable, fair, thorough, trauma-informed, and impartial towards all Parties and witnesses involved (student, staff and faculty). During the academic year, the goal is to complete the Investigative Procedure within a reasonably prompt timeframe after the initiation of the Formal Complaint. Depending on the complexity of the investigation, witness availability, and other factors, more or less time may be required to complete the process.

The Parties will be kept informed, in writing, at reasonable intervals throughout the Investigative Procedure, and at minimum every 30 days. Parties may always contact CRCS (titleixcoordinator@smith.edu) 413-585-2245) for information regarding the status of the complaint.

While complaints will proceed to the best of the College’s ability during break periods, including the summer and holidays, the availability of witnesses, Parties and/or College employees during these times can often delay the completion of the Investigative Procedure. If a student Respondent is scheduled to graduate prior to the resolution of a Formal Complaint, a hold may be placed on their graduation until the complaint is fully resolved (including any appeal).

2. Cooperation

In order for the Investigation to be conducted in a timely manner, it is important that Parties and witnesses make themselves reasonably available to the Investigator, including over holidays and breaks. The Complainant, Respondent and witnesses should know that they are expected to cooperate with the Investigator throughout the Investigative Procedure. The Complainant, Respondent and witnesses are prohibited from knowingly making false statements and/or knowingly submitting false information to the Investigator¹¹. Knowingly providing false information, at any point in the Process, may result in a separate disciplinary action.

If the Complainant or Respondent choose not to meet with CRCS or the Investigator, they should understand that the Process will continue without the benefit of their input. The Formal Complaint may still be adjudicated through the Process, even if one or both Parties are uncooperative. The Investigator will reach out to the Party to schedule these meetings. If a Party does not respond to the Investigator within ten (10) calendar days after that initial contact or fails to make themselves reasonably available to meet with the Investigator, the Party’s opportunity to participate in the Investigation may be waived, as determined by the Director at their discretion. The Parties should understand that the College may not be able to compel non-employee witnesses or Parties to participate in this Process.

3. Accommodations

A Party or witness (student or employee) who has a disability that may require an accommodation in the Complaint Resolution Process should work with the appropriate office to determine what reasonable accommodations may be available. Students should work with Accessibility Resource Center (ARC) (arc@smith.edu; 413-585-2071) to request an accommodation for the Process. Please note that any accommodations for the Complaint Resolution Process must be determined separately from any other existing disability accommodations. Employees (staff and faculty) should work with Human Resources (HR) (hr@smith.edu; 413-585-2260). All approved disability accommodations must be communicated to CRCS (titleixcoordinator@smith.edu; 413-585-2245) in writing at least two (2) business days in advance of any meetings or hearings where the accommodations will be needed. Only accommodations approved by ARC or HR will be implemented during the Process.

4. Providing Information

In the Investigative Procedure, both the Complainant and Respondent have an equal opportunity to present documents, suggest witnesses, and submit all information (inculpatory and exculpatory) they believe is relevant to the resolution of the pending matter. It is best to provide the Investigator with all the relevant information as early in the Investigation as possible. While the Parties are encouraged to share any information they believe is relevant, it is the responsibility of the Investigator to gather all relevant and available information. The scope of the Investigation will not be limited to information provided by the Complainant or Respondent or to the allegations in the Notice of Formal Complaint.

The Parties must provide the Investigator with all information relevant to the Formal Complaint that is known and available to them during the Investigative Procedure. When relevant information was known and available to a Party but was shared after the conclusion of the Investigative Procedure (but before a decision is rendered), the Director has the discretion to exclude such information from the Process.

5. Scope of Investigation

The Investigator is responsible for objectively reviewing and evaluating all relevant (and not otherwise impermissible) information submitted and found during the Investigative Procedure, including inculpatory and exculpatory information. The Investigator will determine, at their sole discretion, what information is relevant for inclusion in the Investigative Report. Typically relevant evidence is that which will assist the Decision-Making Panel in deciding, at the conclusion of the process, whether the Policy was violated.

The burden of proof in any process always remains with the College. The Investigator will consult with the Director, as needed, throughout the Investigative Procedure.

During the Investigative Procedure, the Investigator may utilize some or all of the following information or procedures, at their discretion, and in whatever order the Investigator deems most appropriate.

a. Documents

The Investigator will review any written statements provided by the Parties, as well as any relevant documents identified by the Parties or witnesses. Relevant documents may include, but are not limited to, both paper and digital items, such as text messages, journal entries, emails and social media communications. If a Party is not in possession of the documents they have identified, they should identify who may have those materials. It will be the responsibility of the Investigator to try, to the best of their ability, and at their discretion, to gather the identified information outside the possession of the Parties. As determined by the Investigator, any documents or information relevant to the Formal Complaint and that will be used in the Investigative Report will be disclosed to both the Complainant and Respondent for comment or rebuttal during the course of the Investigation. All relevant documents obtained through the course of the Investigation will be shared with the Parties for review and comment during the Investigative Report Review.

b. Party Interviews

The Investigator will interview the Complainant and Respondent separately. This meeting is an opportunity for each Party to discuss their recollection of the event(s) in question, supplement any statements previously submitted, voice any concerns, and work with the Investigator to determine what additional information may be helpful to the Investigation. Each Party will receive written notice (usually via email) of the request for an interview. The Investigator may interview the Complainant and Respondent more than once, as necessary, at the discretion of the Investigator. During their interview, the Party will have the opportunity to learn about the information gathered in the Investigation to date and the Investigator will provide them with an opportunity to comment or respond to that information. As discussed above, the Parties are expected to cooperate and meet with the Investigator in a timely manner. The Parties should also understand that, even if they choose not to participate, the Process will still move forward without the benefit of their input. The Parties may include their Advisor in the Party Interviews.

c. Questions by Party

The Parties will have the option to submit questions for the other Party or witnesses. These questions must be submitted in writing to the Investigator. The Investigator will determine whether each question is permissible and relevant to the pending Investigation, and whether it will be asked of the other Party or a witness. Questions that are repetitive of information already asked in the Investigative Procedure, or that can be considered abusive or badgering, as determined by the Investigator at their discretion, are not relevant.

d. Witnesses

The Investigator will attempt to interview relevant witnesses identified by the Complainant and/or Respondent. Please note that character witnesses are not considered relevant. The Complainant and Respondent will both have an equal opportunity to identify witnesses for the Investigator. The Parties may tell a person they have identified them as a witness and that they may be contacted by the Investigator. Witnesses should not be intimidated, threatened, or improperly influenced in any way by either Party or through others (e.g. friends, family members, attorneys, etc.). Any attempt to threaten, intimidate or in any way improperly influence the testimony of a witness may result in a separate disciplinary action by the College. The Investigator may also interview any other person(s) they believe may have information relevant to this matter, at their discretion. The Investigator will employ reasonable efforts to interview relevant witnesses who are no longer on campus or participating in a Smith program, attempting to meet with them by phone or internet (i.e. Zoom). Witnesses will review the Privacy/Non-Retaliation Requirements, acknowledging that they have been advised about the prohibition against retaliation and that the unauthorized disclosure of information from this Process is prohibited. Please note that the Investigator may not be able to compel non-employee witnesses to participate in an interview.

e. Expert Witnesses

The Investigator reserves the right, at their discretion, to consult with any experts which they deem necessary to the determination of the facts at issue in the Formal Complaint. An expert witness may be consulted to review or provide a professional opinion regarding information discovered in the Investigation including, but not limited to, evidence collection kits and toxicology reports. If a Party wants to offer (and pay for) an expert witness they believe is relevant, the Investigator has the option, in their sole discretion, to interview that expert witness if they deem them to be relevant to the resolution of the Formal Complaint.

f. Site Visits

The Investigator may, based on the case under review, decide to visit a relevant location to observe and/or collect information about the location.

g. Impermissible Information

The following information will not be considered in this Process except under the circumstances noted below.

Confidential Information

Information that is protected under a privilege recognized by law or provided to a confidential person, including information shared with a medical professional in connection with the provision of treatment, is presumed impermissible unless the individual who owns the privilege voluntarily chooses to waive confidentiality in writing.

Sexual History

Information relating to the sexual interests, sexual predisposition, or sexual behavior of the Impacted Party/Complainant or Respondent, other than the conduct alleged in the Complaint, will not be considered in the Investigative Procedure, regardless of whether that behavior is alleged to have occurred before, during, or after the alleged incident. The fact of prior or subsequent consensual sexual conduct between the Complainant and the Respondent does not, by itself, demonstrate or imply consent to the conduct alleged, and does not preclude a determination that a policy violation occurred.

There are limited circumstances in which such information might be considered relevant in the Complaint Resolution Process. Those situations are:

• When questions or evidence about the Complainant's sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, and the behavior occurred within a reasonable time of the alleged incident so as to bear on that question.
• When a dating relationship, or prior or subsequent consensual sexual relations, between the Impacted Party/Complainant and the Respondent is offered on the question of consent to, or the welcomeness of, the conduct alleged.

h. Recording Interviews

Interviews conducted in the Investigative Procedure may be recorded and transcribed by CRCS. Only the Investigator may record interviews, and the Party or witness will be notified when the recording is happening. Any audio or video recording of any meeting with CRCS by any Party, witness or Advisor is expressly prohibited and could result in a separate disciplinary action. If a recording is transcribed, the original recording of the interview will be destroyed at the conclusion of the Process, and the transcript of that interview will be maintained in compliance with the Maintenance of Records section of this Policy (as discussed below), unless otherwise required to be retained pursuant to legal process or notice.

i. Investigative Report

Once the Investigation has been completed, the Investigator will prepare an Investigative Report summarizing the relevant information obtained through the Investigative Procedure. The Investigator may make credibility determinations in the Investigative Report, and they will not be based on a person’s status as a Complainant, Respondent, or witness. The Investigator will also identify any undisputed facts from the Investigative Procedure. The Investigator will consult with the Director (including but not limited to reviewing and commenting on the draft report) in preparing the Investigative Report.

Draft Investigative Report

The draft Investigative Report will be shared with the Parties for review and comment before the Report is finalized. The Parties will also be given access to:

• any exhibits to the draft Investigative Report;
• relevant interview summaries or transcripts, as applicable from the Investigation; and
• all relevant information, as determined by the Investigator, gathered through the Investigative Procedure regardless of whether it was included in the draft Investigative Report (“gathered information”).

CRCS will share documents electronically, in view-only mode, barring exceptional circumstances, as determined by the Director. At the written request of a Party, the draft Investigative Report and gathered information may also be shared with their Advisor. The draft Investigative Report, exhibits, gathered information, and any interview transcripts should not be shared, copied, downloaded, photographed, or circulated in any manner by the Parties and/or their Advisor. The draft Investigative Report and the other referenced materials may be shared with an Impacted Party in a College-Initiated Formal Complaint, at the discretion of the Director.

The Parties will each be given a review period of ten (10) business days to review the draft Investigative Report and materials. The Parties may (but are not required to) provide written comments to the draft Investigative Report within that time period. Any written comments may not exceed ten (10) double-spaced pages. Any comments must be written by the Parties. Submissions written by third parties, such as friends, family, advisors or attorneys will not be considered. This review period is not for the submission of new, substantive information that was known but not previously shared during the Investigative Procedure (see Providing Information above). An Impacted Party in a College-Initiated Formal Complaint may also be given an opportunity to submit comments, at the discretion of the Director. If comments are submitted by the Parties or an Impacted Party in a College-Initiated Formal Complaint, the Investigator may address those comments as they deem appropriate, at their discretion. The Investigator may include or address comments in the Final Investigative Report, may create an addendum to the report to address any comments, may attach the comments as an exhibit to the Report, or otherwise address the comments at their discretion. The Investigator will consult with the Director (including but not limited to reviewing and commenting on an addendum) on addressing the comments submitted, and on any changes to the Final Investigative Report.

Final Investigative Report

Once the Final Investigative Report has been created, the Parties will be given access to review the Report, as well as any exhibits from the Investigative Procedure. The Parties will have electronic view-only access to these materials for ten (10) business days. The Investigative Report and any other shared information should not be shared, copied, downloaded, photographed, or circulated in any manner by the Parties or their Advisor. The Final Investigative Report and the other referenced materials may be shared with an Impacted Party in a College-Initiated Formal Complaint, at the discretion of the Director. Once the Final Investigative Report has been completed and shared with the Parties, the Investigative Procedure will be closed.

The Final Investigative Report will contain the names of the Decision-Making Panel. The Panel will be chosen at the sole discretion of the Director. If either the Complainant or Respondent believes there is a possible conflict of interest with any Panel member, it must be communicated to the Director immediately, and no later than three (3) business days after notice of the names of the Panel members. The Director then has the discretion to assign a different individual to be a Decision-Maker. Once the Final Investigative Report has been submitted to the Decision-Making Panel for consideration, there will be no further opportunity to raise potential conflicts of interest with any Decision-Maker. The Decision-Making Panel will consist of one to three individuals who have been trained on the Process, issues of discrimination, harassment and sexual misconduct. The Decision-maker(s) may be College employees (staff or faculty), someone from outside of the College, or a combination thereof. The Decision-Maker(s) will be selected at the sole discretion of the Director.

Sub-Section E: Process Determination

At the conclusion of the Investigative Procedure, the Director will review the Final Investigative Report in order to determine which process should be used for the final adjudication of the Formal Complaint, and both parties will be notified of the determination in writing.

Allegations of Title IX Sexual Harassment/Title IX Sexual Misconduct:

If the allegations meet the Title IX definitions and the jurisdictional requirements, the matter will be adjudicated through the Title IX Hearing Process. If the conduct does not meet the Title IX definitions and/or the jurisdictional requirements under the Title IX, the applicable Title IX allegations will be dismissed and both Parties will be notified of the dismissal in writing. The Director will then determine if the allegations fall under the definitions of non-Title IX Sexual Misconduct or Harassment under the Policy Against Discrimination, Harassment & Sexual Misconduct (Policy), and therefore could be addressed through the Formal Complaint Resolution below.

Allegations of Other Misconduct (not including Title IX Sexual Harassment/Title IX Sexual Misconduct):

All other matters under the Policy, will proceed under one of the following, as determined by the Director:

• an Informal Resolution,
• the Student Formal Complaint Resolution Process, or
• the Employee Formal Complaint Resolution Process.

Both the student and employee Formal Complaint Resolution Processes involve a review of the Final Investigative Report and exhibits by the Decision-Making Panel who will determine if the Respondent violated the Policy based on the conduct alleged in the Notice of Formal Complaint (as amended). In situations where the Respondent is both a student and an employee of the College, the Director, at their discretion, will decide which process will govern based on the role the Respondent was serving in at the time of the alleged incident.

Sub-Section F: Formal Complaint Resolution

1. Informal Resolution

An Informal Resolution may be requested by the Parties, and can only be used if both Parties voluntarily agree to participate in it. The Parties can withdraw from the Informal Resolution process at any time prior to the execution of an Informal Resolution Agreement. The goal of Informal Resolution is to adequately address the concerns of the Impacted Party/Complainant, as well as the overall interest of the College in stopping, remedying, and preventing further Policy violations. It can be utilized after an Initial Assessment (as discussed above) or after a Formal Complaint has been initiated. An Informal Resolution can be used at any point prior to, instead of, or during, the Investigative Procedure.

Informal methods of resolution will be facilitated by the Director and will not involve face-to-face communication between the Parties, unless both Parties request and agree to some type of in-person resolution. Resolution options may include, but are not limited to, negotiated outcomes, mediation (directly or through others), shuttle diplomacy, facilitated conversations, counseling, training, projects/papers, educational conversations, and/or voluntary leaves of absence. The Director will determine whether an Informal Resolution will be available in a pending matter based on a review and assessment of the allegations, the available information, and the interests of the Parties. The Director must approve an Informal Resolution agreement prior to its execution. An Informal Resolution may not be available for matters where an employee (faculty or staff) allegedly engaged in certain forms of Title IX Sexual Harassment against a student.

For a College-Initiated Formal Complaint, CRCS will attempt to facilitate a resolution between the College and the Respondent. Throughout the process for a College-Initiated Complaint the Director has the discretion of what, if anything, will be shared with the Impacted Party. The College also has the discretion to stop pursuing an Informal Resolution and continue with the Investigative Procedure or Formal Complaint Resolution.

If the Parties reach an agreement, a written Informal Resolution Agreement will be drafted by CRCS. Both Parties will be given the opportunity to review the draft of the Informal Resolution Agreement before it is finalized. Once finalized, the Parties will acknowledge that the Informal Resolution Agreement is the final and binding resolution of the pending matter and, therefore, the Formal Complaint will be dismissed and the pending matter will be closed. Anything addressed in the Informal Resolution Agreement can no longer go through the Complaint Resolution Process. If the Informal Resolution Agreement is violated, that violation will be addressed as a conduct matter through Student Affairs, the Provost, or by Human Resources (or their designee), depending on who failed to comply with the Agreement.

2. Decision-Making Panel: Procedures Applicable to All Formal Resolutions

The following procedures apply to all Formal Resolutions, whether the Respondent is a student or an employee.

Upon completion of the Investigative Procedure, the Director will submit the Final Investigative Report and exhibits to a Decision-Making Panel. The Director will select a Decision-Making Panel that does not have a conflict of interest or bias for or against complainants or respondents generally, and who has no conflict or bias against any of the Parties to the Formal Complaint. The Panel will be chosen at the sole discretion of the Director and may consist of one to three people. The Decision-Making Panel will receive training on the process and the resolution of issues of discrimination, harassment, and sexual misconduct.

The names of the Decision-Making Panel members will be included in the Final Investigative Report, allowing the Parties to raise any possible conflict of interest. A possible conflict with any member of the Decision-Making Panel must be communicated immediately to the Director, and no later than three (3) business days after notice of the names is provided. The Director then has the discretion to assign a different individual to be a Decision-Maker. Once the Final Investigative Report has been submitted to the Decision-Making Panel for consideration, there will be no further opportunity to raise potential conflicts of interest.

Parties may not contact any member of the Decision-Making Panel directly. All communication between the Parties and the Decision-Making Panel must occur through the Director.

The Director will consult with the Panel on questions about the applicable College Policies and accompanying Processes. If the Decision-Making Panel has questions for a Party or witness, they can submit them to the Director. The Director will use existing investigatory documentation to answer their questions or inform them if there is no information responsive to their question.

The Decision-Making Panel will review the Final Investigative Report and exhibits to determine whether the Respondent is responsible for violating the Policy. They will apply a preponderance of the evidence standard — that is, whether the facts support a finding that it is more likely than not that the Policy was violated. This decision will be based solely on the information in the Final Investigative Report and exhibits, as well as any information shared in response to any questions submitted. The finding of the Decision-Making Panel will be made by a majority, when applicable.

Upon determining that all allegations in the Formal Complaint have been adequately addressed, the Decision-Making Panel will issue a final decision. This decision will be based on the information presented in the Final Investigative Report and exhibits, and any information shared in response to any questions they submitted. While the Decision-Making Panel is solely responsible for making the finding, the Director may assist the Panel in drafting their written findings, which will include any factual determinations and the rationale for the finding(s). Once the Panel has finalized their written findings, they will be provided to the Director.

3. Student Respondent

This section applies when the Respondent is a student. All procedures in the Decision-Making Panel section above apply.

The Decision-Making Panel may consist of College employees (staff or faculty) or may be someone from outside of the College.

If the Respondent is found Not Responsible, both Parties will be provided the Notice of Outcome, which includes the findings, the option to appeal, and an explanation of when that outcome becomes final. The Director will issue the Notice of Outcome to the Parties within seven (7) business days of the Decision-Making Panel issuing the findings. For a College-Initiated Complaint, the Director will determine what information to provide an Impacted Party.

If the Respondent is found Responsible, the Dean of Students¹² will determine, in consultation with the Decision-Making Panel, the Director, and other offices as appropriate, the appropriate sanctions or other outcomes based on the findings. In determining the sanctions, the Dean of Students may consider the Respondent's disciplinary history with the College, if any. Sanctions for a Responsible finding may include, but are not limited to:

• loss of privileges,
• formal warning,
• disciplinary probation,
• removal from housing,
• educational sanctions,
• suspension,
• removal from the College, or
• any other sanction noted in the Code of Student Conduct.

The Director and the Dean of Students will issue the Notice of Outcome to both Parties, which includes the findings from the Decision-Makers, the option to appeal, and an explanation of when that outcome becomes final. The Notice of Outcome shared with the Respondent will include any assigned sanctions. The Notice of Outcome will be issued to the Parties within seven (7) business days of the Decision-Making Panel issuing its final findings, including any recommended sanctions, where possible. Due to privacy considerations, the Complainant may not be notified of the assigned sanctions, unless they relate to the Complainant (such as a No Contact Order as the sanction). In the case of a College-Initiated Formal Complaint, an Impacted Party may receive some information about the outcome at the Director's discretion.

4. Employee Respondent

This section applies when the Respondent is an employee (staff or faculty). All procedures in the Decision-Making Panel section above apply.

At the Director’s discretion, the Decision-Making Panel may include the Respondent's supervisor (immediate or otherwise) and/or the Provost or their designee, and/or a representative from Human Resources.

If the Respondent is found Not Responsible, the Respondent will be notified by the Director in writing of the findings, the option to appeal, and an explanation of when that outcome becomes final. The written Notice of Outcome will be issued to the Respondent within seven (7) business days after the Decision-Making Panel issues its final findings, where possible. If there is a Complainant, they may also be notified by the Director of the findings, the option to appeal, and an explanation of when the outcome becomes final, at the Director's discretion. In the case of a College-Initiated Complaint, an Impacted Party may receive some information about the outcome at the discretion of the Director.

If the Respondent is found Responsible, the Vice President of Human Resources or their designee and/or the Provost or their designee will decide the appropriate sanctions or remedies based on that finding. In reaching the sanction and/or remedy decision, the Vice President of Human Resources and the Provost may consult with the Director and/or the employee’s supervisor.. The determination regarding sanctions will include consideration of the Respondent's disciplinary history with the College. Sanctions for a Responsible finding may include, but are not limited to, warnings (verbal or written), corrective action steps, final warnings, reassignment, demotions, suspensions, and permanent separation. Training and other educational responses may also be issued in response to a finding of responsibility. The Respondent will be notified by the Director and the Vice President of Human Resources or their designee and/or the Provost or their designee in writing, of the Notice of Outcome, which includes their findings, the assigned sanction, the option to appeal, and an explanation of when that outcome becomes final. If there is a Complainant, they will be notified by the Director of the findings, the option to appeal, and an explanation of when the outcome becomes final. Due to privacy considerations, the Complainant will not be notified of the assigned sanctions unless they relate to the Complainant (such as a No Contact Order as the sanction). In the case of a College-Initiated Formal Complaint, an Impacted Party may receive some information about the outcome at the Director's discretion.

For employees, the College reserves the right to issue disciplinary action with respect to conduct that violates other College policies, or that it deems inappropriate, regardless of whether it rises to the level of a violation of the Policy or the law.

5. Optional Post-Outcome Meeting

Following any Formal Resolution, whether the Respondent is a student or an employee, both the Complainant and Respondent may request a meeting with the Director and/or a representative from Human Resources or Student Affairs, as applicable, to discuss the outcome. Such a request must be made within five (5) business days of receiving the Notice of Outcome.

Sub-Section G: Appeals

Both the Complainant and Respondent (student, staff or faculty) are entitled to one (1) appeal of the outcome to the Formal Complaint. The filing of an appeal will not stay the imposition of any assigned sanction. Any Party who did not participate in the Investigative Procedure, as determined by the CRCS, will not have a right of appeal. An Impacted Party in a College-Initiated Complaint does not have appeal rights under this process.

An appeal must be submitted in writing, by a Party, to the Director within five (5) business days of the receipt of the Notice of Outcome. Third parties (e.g. friends, family, attorneys) cannot submit appeals. The individual who files an appeal is known as the Appellant. The Appellant must submit an Appeal Form with their appeal which is available from CRCS. If an appeal is not received within five (5) business days or does not include an Appeal Form, the outcome will be considered final, and the Complaint Resolution Process will be closed.

There are only three grounds on which an appeal can be filed – procedural irregularity that affected the outcome of the matter, new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter, or the Director, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter. The appeal is not a new fact-finding process. Although a Complainant/Respondent may disagree with the finding or the sanction, that alone is not a basis for appeal. The written appeal must specifically state under which of the three grounds the appeal is being filed and how the requirements for that basis (noted below) are met. Appeals that do not comply with these requirements, including failing to state proper grounds for appeal or being untimely, will not be considered, as determined by the Director at their discretion.

The appeal is not a new fact-finding process. Disagreement with the finding or the sanction is not a basis for appeal. An appeal must state the ground(s) for appeal and how the requirements for that basis (noted above) are met. Appeals that fail to state a proper grounds for appeal, or are untimely, will not be considered. Whether an appeal will be considered is determined by the Director at their discretion. If an appeal will not be considered, and the five (5) business days to appeal have passed, the outcome is considered final, and the Complaint Resolution Process will be closed. The Director will notify the parties when the Complaint Resolution Process is closed.

If the appeal is to be heard, the non-appealing Party will be provided the relevant portions of the appeal, as determined by the Director, and will have an opportunity to respond, in writing, within five (5) business days after receipt. Submissions after the five (5) business day period will not be considered.

Appeals that are timely and state proper grounds for appeal will be decided by an Appeals Panel, selected at the sole discretion of the Director, of one to three employees (staff or faculty) or individuals from outside the College, who have been properly trained. The Appeals Panel will not include those who served as the Decision-Making Panel. The Director will communicate the name(s) to the Appellant and the non-appealing Party (as applicable). If either Party believes there is a possible conflict of interest with the Appeals Panel, they must communicate that to the Director immediately, and no later than three (3) business days after notice of the name(s) of the Appeals Panel. The Director then has the discretion to assign a different member to the Appeals Panel. Once the appeal has been submitted to the Appeals Panel for consideration, there will be no further opportunity to raise potential conflicts of interest.

In reviewing an appeal, the Appeals Panel will be given the Investigative Report and exhibits, any information shared with the Decision-Making Panel in response to any questions they submitted, the written outcome, the appeal submission and any response, and the results of any additional investigation requested, as applicable. The Appeals Panel will make its finding based on its review of these documents. The Director will consult with the Appeals Panel on questions about the Policy Against Discrimination, Harassment & Sexual Misconduct, the Complaint Resolution Process, and/or the Appeal process as they consider the appeal. While the Appeals Panel is solely responsible for making the finding, the Director may assist the Panel in drafting their written findings, which will include the rationale for the finding(s). Once the Appeals Panel has finalized their written findings, they will be provided to the Director.

The Appeals Panel has the option to dismiss the appeal by finding that it did not meet the grounds for appeal. If the grounds have been met, the Appeals Panel may grant or deny the appeal.

If the Appeals Panel grants the appeal for a matter involving a student Respondent, the matter will be referred to the Dean of Students who will decide whether to uphold or modify the final outcome of the complaint based on the findings of the Appeals Panel, and in consultation with the original Decision-Making Panel, as appropriate. The Director may consult with the Dean of Students and the original Decision-Making Panel as necessary throughout the appeal process. The Director and the Dean of Students will then issue a Notice of Outcome of Appeal with the Appeals Panel’s finding and the decision on whether to uphold or modify the outcome. If an appeal is denied, the Director and the Dean of Students will also issue a Notice of Outcome of Appeal.

If the Appeals Panel grants the appeal for a matter involving an employee Respondent, the matter will be referred to the Vice President of Human Resources (or their designee) and/or the Provost (or their designee) who will decide whether to uphold or modify the final outcome of the complaint based on the findings of the Appeals Panel, and in consultation with the Decision-Making Panel, as appropriate. The Director may consult with the Vice President of Human Resources, the Provost, and/or the original Decision-Making Panel as necessary throughout the appeal process. The Director and the Vice President of Human Resources and/or the Provost will then issue a Notice of Outcome of Appeal with the Appeals Panel’s finding and the decision on whether to uphold or modify the outcome.

If the Appeals Panel denies the appeal for an employee Appellant, the Director, the Vice President of Human Resources and/or the Provost will issue a Notice of Outcome of Appeal to the Parties with the Appeals Panel’s finding. Certain employees (faculty and staff) may have additional appeal rights outside the Complaint Resolution Process.

Sub-Section H: Other Considerations

Amnesty/Help-Seeking Policy

The College encourages reporting incidents of discrimination, harassment and sexual misconduct and seeks to remove any barriers to reporting by making the procedures for reporting transparent and straightforward. Smith students who have been drinking or using drugs at the time of the incident may be hesitant to report concerns because of potential consequences under the Code of Student Conduct. Students who report concerns related to the Policy Against Discrimination, Harassment and Sexual Misconduct, either as a complainant or a witness, will not be subject to disciplinary action by the college for their own personal alcohol or drug use at or near the time of the incident, provided that use did not and does not risk the health or safety of another person. The college may, nevertheless, initiate an educational discussion or pursue other educational remedies. The amnesty policy applies only to potential violations of the college’s Code of Student Conduct process.

2. Right to Investigate and Decide Other Conduct Violations

The Director has the discretion to pursue information regarding any other alleged violations of College Policy that may be identified through the Complaint Resolution Process. The Investigator will not be restricted to only investigating the violations alleged in the Formal Complaint, if the investigation uncovers other conduct violations. When additional conduct concerns have been identified, the Director will consult with the Dean of Students, Human Resources, or the Provost (or their designee), as applicable, to decide if and how such allegations will be addressed. The Director has the discretion to address the additional conduct that may violate another College policy. If the Complaint Resolution Process that’s underway is used to do this, the Parties will be notified through an Amended Notice of Formal Complaint. If the alleged conduct may violate another College policy, that conduct may also be referred to another process for resolution, at the discretion of the Director.

3. Criminal Conduct

Some of the behaviors addressed by the Policy Against Discrimination, Harassment & Sexual Misconduct may also constitute violations of criminal law. The College will conduct its own investigation and adjudication of misconduct regardless of whether the alleged conduct is also being pursued through the civil or criminal justice system. The College will comply in good faith with any law enforcement requests for cooperation regarding its Investigative Procedure and Formal Resolution. At times, that cooperation may require the College to temporarily suspend the Process while law enforcement gathers information. The College reserves the right to restrict a community member’s access to the campus if criminal charges are filed against that individual.

4. Family Notification/Communication

The College views community members of legal age as adults. As such, parent(s), guardian(s) and/or spouse(s) will not typically be notified when a Formal Complaint is filed against or by a student or employee under the Process. Students and employees are encouraged to inform their family if they are involved in a Formal Complaint if that is a source of support. All communication regarding the Process will only be directed to the student or employee involved and not to third parties, including family members, support persons/advisors, or attorneys. Parent(s), guardian(s) and/or spouse(s) of students or employees with questions about a pending complaint should understand any exceptions to these communication guidelines will only be made by the College in compliance with the Family Educational Rights and Privacy Act (FERPA) and applicable employee privacy laws and/or internal policies.

5. Transcript Notations

If a student graduates, leaves Smith, or withdraws from the College with a Formal Complaint pending under this Complaint Resolution Process (including a matter proceeding through the Title IX Hearing Process), the College may note the following on the student’s transcript:

“[Graduated or Voluntarily withdrew] dd/mm/yy, a College proceeding is in process. This notation does not constitute a finding or admission of responsibility.”

This notation will remain on the student’s transcript until the pending Formal Complaint is resolved. In situations where a matter is resolved through the Informal Resolution Process, no transcript notation will be made, unless the Parties agree otherwise.

4. Maintenance of Records

After the Parties have fully accessed the Complaint Resolution Process, a matter will be considered closed. At the close of the Process, CRCS will maintain its investigative files which will include, but are not limited to, the Final Investigative Report and any exhibits, interview transcripts or summaries as applicable, the final written outcome, any appeal submission and any response, any Informal Resolution Agreements, and any Notice of Outcome of Appeal, consistent with College record retention policies for at least seven (7) years. Some of this information may also be kept in an individual’s student conduct records or employee personnel file as appropriate and in accordance with the record retention policies or practices of the applicable department. All other documentation regarding the complaint will be destroyed after the close of the Complaint Resolution Process, including investigator notes and any interview recordings that were transcribed, unless otherwise required by court order, subpoena, or other legal process requiring retention of the documentation.

7. Exceptional Circumstances

In exceptional circumstances the College may modify procedural aspects of this Process as necessary to reach a fair and appropriate result.

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³“Days” refers to calendar days, unless otherwise noted.
⁴An employee Responding Party/Respondent who is a member of a collective bargaining unit may also be permitted to attend with a union representative.
⁵A reference to the Director of Civil Rights Compliance includes the Director of Civil Rights Compliance or their designee.
⁶As stated in the Policy Against Discrimination, Harassment and Sexual Misconduct, supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and available (without fee or charge) to an Impacted Party, Reporting Party, Responding Party, or any other participant in a process regardless of whether a formal complaint has been filed or a process is being pursued.  Supportive measures include, but are not limited to,  health and counseling services, advocacy services, schedule and housing changes, academic support, and/or work adjustments.
⁷If the matter involves Title IX conduct, the Impacted Party will receive all rights due to a full party.
⁸In addition to falling under the definition of Title IX Sexual Harassment and/or Title IX Sexual Misconduct and occurring after August 14, 2020, the alleged conduct must meet three jurisdictional requirements to be subject to the Title IX Hearing Process. The conduct must 1) have occurred in the United States; 2) have occurred in a College program or activity; and 3) the complainant must be participating in or attempting to participate in a College educational program or activity. For more information about these jurisdictional requirements, please see the Title IX Hearing Process.
⁹If during the course of an investigation a party is no longer affiliated with Smith, the Director will determine what, if any, information to provide to the non-affiliated party about the matter moving forward.
¹⁰If a party or impacted party/witness is no longer affiliated with Smith, the Director will determine what, if any, information is shared with the party about the matter. This applies at any step of the investigative and/or decision-making process.
¹¹Allegations of knowingly submitting false information to the Investigator will be referred to the appropriate conduct process for review and adjudication. 
¹²A reference to the Dean of Students includes the Dean or their designee.

The following processes, codes of conduct, and institutional guidelines act as companion frameworks to this Policy. When applicable, procedures from these documents are integrated or run concurrently with this Policy:

• Policy Against Discrimination, Harassment, and Sexual Misconduct: The governing Policy that defines prohibited conduct, protected categories, and the rights and responsibilities of community members. 
• Title IX Hearing Process: Defines the formal adjudication, hearing structures, and procedural safeguards utilized by the College to resolve Title IX-governed sexual harassment complaints.

Smith reserves the right to make changes to this Policy as necessary, and in accordance with applicable laws and regulations. This Policy is maintained, reviewed, and revised by CRCS. The most up-to-date version of this Policy that is currently in effect at the College can be found on the CRCS website. If government regulations change in a way that impacts this Policy, this Policy will be construed to comply with government regulations in their most updated form, based on the effective date of the regulations in question.¹³

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¹³This Process and the referenced Policy Against Discrimination, Harassment, and Sexual Misconduct and the Title IX Hearing Process, are effective as of September 8, 2026. For conduct that may have occurred before that date, please contact CRCS for the applicable policy and processes.