Sexual Harassment and Misconduct Resolution Process

In accordance with Title IX, the University does not discriminate on the basis of sex in the University’s services, educational programs, and activities, including, but not limited to admission to and employment by the University. Sexual harassment, which includes act of sexual violence, is a form of sex discrimination prohibited by Title IX and the University. Title IX also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex stereotyping, even if those acts do not involve conduct of a sexual nature. Retaliation for asserting or otherwise participating in an investigation of a claim or sex discrimination or harassment is likewise prohibited.

Please refer to the policy titled “Equal Opportunity, Nondiscrimination, Sexual and Other Forms of Harassment.”

The Office of Human Resources, Dean of Students, and Chief of Police are designated to handle inquiries regarding the University’s non-discrimination policies: The Executive Director of Human Resources and Vice President/Dean of Students are the Title IX Coordinators, 1 Camino Santa Maria, San Antonio, Texas, 78228, 210-436-3725.

If circumstances require, the President or Title IX Coordinator(s) may designate another qualified individual (whether an employee or external person) as needed at the discretion of the University to oversee the process below, should an allegation be made against the Coordinator(s), or the Coordinator(s) be otherwise unavailable or unable to fulfill their duties.

The procedures described below will apply to all allegations of sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, and stalking as defined in the University’s Equal Opportunity, Non-discrimination, Sexual and Other Forms of Harassment Policy (link) involving students, staff, faculty, or administrators. Redress and requests for responsive actions for allegations brought against non-members of the University community are also covered by these procedures when applicable.

1.  Introduction

Allegations of sexual harassment and misconduct must be reported to the Title IX Coordinator(s) immediately. The University may implement initial remedial and responsive actions upon notice of alleged violations and will take additional prompt remedial and/or disciplinary action with respect to any individual who has been found to engage in harassing or discriminatory behavior or retaliation in violation of this policy.

All allegations of sexual harassment and misconduct will be addressed in accordance with the process outlined in Sections 3-6 of this document, which applies regardless of the status of the parties involved, who may be students or employees (staff, faculty, or administrators).

2. Right of the Parties to the Process

• To receive a written notice of all allegations
• To have an adviser of their choice during this process
• An equal opportunity to submit and review evidence 
• To take advantage of campus support resources; Student Health and Wellness Programs, Employee Assistance Program)
• To provide written consent before using the party’s medical, psychological, or similar treatment records during a grievance process
• To refuse to have an allegation resolved through informal conflict resolution procedures
• To be free from retaliation
• To be protected from inappropriately being asked about prior sexual history (“rape shield” protections)
• To have allegations heard in a timely manner and in substantial accordance with these procedures
• To fully participate in any investigative process.
• Except for witnesses, to be informed in writing of the outcome/resolution of the allegation, sanctions (if applicable) and the rationale for the outcome where permissible.
• For Respondent(s), to be presumed not responsible prior to a finding to the contrary and, for students, be permitted to continue academic pursuits pending a final determination.

3. Advisor(s)

The Complainant and Respondent have the right to be assisted by an advisor of their choosing throughout the resolution process. An Advisor serves as a resource and support to the party through all phases of the process and may accompany their advisee to any meeting the advisee attends throughout the process. The parties may select whomever they wish to serve as their Advisor as long as the Advisor is willing and available to serve in this capacity.

The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of the St. Mary’s University community. While the University strongly encourages parties to have an Advisor, individuals are not required to have an Advisor, except when participating in a hearing.

The University trains a pool of individuals who are willing to serve as Advisors. If a party chooses an Advisor from this pool, the Advisor will be familiar with the St. Mary’s University resolution process. The Title IX Coordinator will also offer to assign a trained Advisor for any party if the party so chooses.  Any Advisor who is not trained by the University is encouraged to schedule a meeting with the Title IX Coordinator(s) or their designee prior to attending any resolution meeting in order to discuss the University’s processes and the Advisor’s role.

Parties should carefully consider their choice of Advisor. While a party may choose anyone to serve as their Advisor, choosing an Advisor who is also a witness in the process creates the potential for bias and conflict of interest. A party that chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Hearing Officer(s). 

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout.  However, the parties are expected to provide timely notice to the Title IX Coordinator(s) if they change Advisors at any time.

Any person who serves as an Advisor should plan to make themselves available for meetings throughout the process.  Scheduling of interviews and meetings will not be significantly delayed due to the lack of availability of the Advisor.  The Title IX Coordinator(s) will make reasonable provisions to allow an Advisor who cannot attend a scheduled in-person meeting to attend that meeting by telephone, video conferencing, or other similar technologies as may be convenient and available.

A. The Role of the Advisor

The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including any intake meeting or interviews.  Advisors should help their advisee prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

Generally, the role of the Advisor is one of support, but not active participation.  Except during questioning in a Process A hearing, the Advisor may not make arguments, ask questions, or speak for a Complainant, Respondent, or third party.  Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee in a manner that does not disrupt the proceedings – by conferring or passing notes during any resolution process meeting or interview.  For longer or more involved discussions, the parties and their Advisors may ask for breaks to allow for private consultation.

Any Advisor who oversteps their role as defined by this policy will be warned only once.  If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented.  Subsequently, the Title IX Coordinator(s) will determine how to address the Advisor’s non-compliance and future role.

B. The Role of the Advisor in Process A Hearing

Under the 2020 federal regulations regarding the handling of Sexual Harassment under Title IX, formal grievance procedures must include real-time questioning of the other parties and witnesses as part of the hearing procedures.  This questioning must be conducted on behalf of the parties by their Advisors.  The parties are not permitted to directly question each other or any witnesses.  Due to this requirement, the University will appoint a trained Advisor for the limited purpose of conducting any questioning of the other party and witnesses for any Complainant or Respondent who does not have a designated Advisor for a hearing.

C. Sharing Information with the Advisor

Parties may share information related to a complaint directly with their Advisor so they may support or assist them in navigating the resolution process and presenting their case.  In addition, the Complainant or Respondent may request that the Title IX Coordinator(s), Investigator(s), and/or Hearing Officer(s) share documentation and evidence related to the resolution of the complaint with their Advisors.  To accommodate this request, the party will be asked to provide the Title IX Coordinator with a signed consent form indicating the parameters for this release of information to the Advisor.  Typically, the advisee will be copied at all written communication sent directly to the Advisor.

Should a party change Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor must be secured.

Advisors are expected to maintain the privacy of the records shared with them.  These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by St. Mary’s University.  The University may seek to restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the University’s privacy expectations.

4. Sexual Misconduct Adjudication Process

St. Mary’s University uses the preponderance of the evidence standard (i.e., whether it is more likely than not that the respondent committed each alleged violation) for determining responsibility for all formal complaints of sexual harassment and misconduct (including where employees and faculty are respondents).

The University aims to complete the adjudication process within a reasonably prompt time, which can be extended as necessary for appropriate cause by the Title IX Coordinator(s) with notice to the parties. All individual deadlines described forthwith are subject to this rule.

A. Allegation or Incident Report Intake

Reporting an incident informs the University of the incident, which allows the institution to provide supportive measures to the Parties and does not necessarily result in the initiation of a grievance process (as outlined below). All Parties who report incidents under this policy will be offered individualized supportive measures. A decision to remain anonymous may greatly limit the University’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this policy. Prompt reporting is encouraged.

Once St. Mary’s University has received a formal complaint, the Title IX Coordinator(s), in consultation with appropriate campus officials, will assess whether a policy violation may have occurred, if the University has jurisdiction to respond, and/or whether an information resolution might be appropriate.

A “formal complaint” is defined as a document (hard copy or electronic submitted via email or an online portal) filed by a complainant alleging sexual harassment against a respondent and requesting that the University investigate the allegation of sexual harassment. The formal complaint must contain the complainant’s physical or digital signature or otherwise indicate that the complainant is the person filing the formal complaint. A formal complaint may be filed with the school’s Title IX Coordinator(s) in person, by mail, or by email using the contact information provided by the school. A parent or guardian who has a legal right to act on behalf of an individual may also file a formal complaint on that individual’s behalf. In addition, the Title IX Coordinator(s) may initiate a formal complaint.

St. Mary’s University affirms that a reporting party’s wishes with respect to whether the school investigates should be respected unless the Title IX Coordinator(s) signs a formal complaint. A Title IX Coordinator might sign a formal complaint after considering safety factors relating to the report, such as threats to the safety of the Complainant or the campus community, a Respondent’s prior history, use of a weapon, use of physical violence, or other relevant information.

Where the Title IX Coordinator has determined that the University must proceed with a Formal Complaint despite a Complainant’s request to the contrary, the Title IX Coordinator(s) will make reasonable efforts to protect the privacy of the Complainant. However, the University’s investigation will involve speaking with the Respondent and others who may have relevant information, in which case the Complainant’s identity may have to be disclosed. In such cases, the Title IX Coordinator will notify the Complainant that the University intends to proceed with the Formal Complaint, but that the Complainant is not required to participate in the investigation or in any other actions undertaken by the University.

The University reserves the right to use this process to adjudicate other allegations and conduct charges as defined by policies outside of the scope of the Equal Opportunity, Non-Discrimination, Sexual and Other Forms of Harassment policy in instances when the conduct is associated with an alleged issue of prohibited conduct. (When the misconduct is defined as Prohibited Conduct) In situations in which allegations of sexual harassment arise out of the same facts or circumstances or event, St. Mary’s University may consolidate formal complaints that are:

• Against more than one respondent
• By more than one reporting party against one or more respondents
• By one party against the other party in a complaint, such as retaliation

Following receipt of a report of an alleged violation of this policy, the Title IX Coordinator(s) will engage in an initial assessment, typically within one to five business days.

The Initial Review will proceed to the point where there is a clear understanding of the allegations and a reasonable assessment of the safety of the individuals involved and of the campus community can be made. Should the University determine there is any risk of harm to individuals or to the campus community, it will take steps necessary to address those risks.

As part of the Initial Review, Title IX Coordinator will:

• Assess the nature and circumstances of the allegation(s);
• Assess whether there are any immediate risks to the safety of the Complainant and the broader campus community that need to be addressed;
• Notify the Complainant of the following:
  • how to file a formal complaint;
  • their right to contact law enforcement and seek medical treatment;
  • their right to have an Advisor;
  • the importance of preservation of evidence;
  • the availability of on and off-campus resources;
  • the range of available supportive and safety measures;
  • the range of procedural options, including informal remedies-based resolution and formal resolution; and
  • the University’s policy prohibiting retaliation;
• Discuss with the Complainant their expressed preference for the manner of resolution and if there are any barriers to proceeding;
• Assess whether there is evidence of an ongoing pattern of behavior or other similar conduct by Respondent;
• Notify Campus Safety to record the report as part of the University’s daily crime log, as applicable; and
• Assess the reported conduct for the need for a timely warning under the Clery Act.

If a Complainant wishes to file a formal complaint, the Title IX Coordinator will assist them in doing so and will work with them to ensure the complaint is filed correctly. If a Complainant does not wish to file a complaint at this time, the Title IX Coordinator will determine whether the Title IX Coordinator needs to initiate a complaint because a violence risk assessment indicates a compelling threat to the health and/or safety of any other individual or the broader community.  Initiating a complaint without the support of the Complainant will be done only when circumstances are such that it is necessary to protect the broader community or other compelling reasons.

When the Complainant prefers a supportive or administrative response (with or without the filing of an official complaint), the Title IX Coordinator will work with the Complainant to identify their wishes, assess the request, and implement the requests accordingly. No Formal Resolution Process is initiated, though the Complainant can elect to initiate one later, if desired.

All references to the Title IX Coordinators’ duties include the understanding that those duties may be completed by their designee as well.

All complaints that include allegations of Sexual Harassment (including sexual assault, sexual harassment, domestic violence, dating violence, and stalking) will be resolved using Process A.  Complaints that allege other prohibited conduct under this policy involving Respondents who are students will typically follow Process B.  Complaints that allege other prohibited conduct involving Respondents who are employees typically will be resolved using the procedures outlined in the Employee and/or Faculty Handbooks as applicable.  The University reserves the right to determine which process is most appropriate.  The Title IX Coordinator(s) will make this determination based on the nature of the allegation(s).

B. Formal Complaint Dismissal

The University may dismiss a Formal Complaint, at its discretion, for any of the following circumstances:

The University will dismiss an allegation(s) of conduct that does not meet the definition of sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, and stalking as defined in the University’s Equal Opportunity, Non-discrimination, Sexual and Other Forms of Harassment Policy.

If the University dismisses a Formal Complaint, the University must provide both parties a written notice of the dismissal and the reason(s) for the dismissal.

C. Informal Resolution

Informal resolution is an alternative to the formal hearing process to resolve conflicts.  Once a formal complaint is filed, the Complainant may decide whether they prefer informal or formal resolution of the complaint.  If the Complainant prefers an informal resolution option, the Title IX Coordinator will assess whether the complaint is suitable for informal resolution and may seek to determine if the Respondent is also willing to engage in informal resolution.

If a party requests the initiation of an informal resolution process and the Title IX Coordinator agrees that the matter is appropriate for informal resolution, each party will receive a written notice that discloses:

• The allegations under review.
• The requirements of the informal resolution process.
• The circumstances which preclude parties from resuming the University’s formal complaint process.
• Any other consequences of participating in the informal resolution process.  The records that will be maintained or could be shared.

After receiving this notice, both parties must provide voluntary, written consent to participate in the informal resolution process prior to initiating this procedure.

Informal resolution of a formal complaint is never permitted where the accusation is that an employee has sexually harassed a student.

In an informal resolution meeting, the Title IX Coordinator(s) or other designee will facilitate a dialogue with the parties to find an effective resolution, if possible. Sanctions are not possible as the result of an informal resolution process, though the parties may agree to appropriate remedies. St. Mary’s University cannot compel students to agree to an informal resolution as a condition of enrollment.

The Title IX Coordinator(s) will keep records of any resolution that is reached. Failure to abide by the resolution can result in appropriate sanctions or corrective actions.

The University aims to complete the informal resolution process within a reasonably prompt time period, which can be extended as necessary for appropriate cause by the Title IX Coordinator(s) with notice to the parties.

Either Party or the Title IX Coordinator may end the Informal Resolution Process, at which time the investigation and/or adjudication will return to the formal process.  Information disclosed or obtained for purposes of the Informal Resolution Process may be incorporated into the formal investigation and live hearing provided that this information is disclosed and reviewed by the Parties under the investigatory and hearing procedures described herein.

D. Interim and Supportive Measures

Interim measures and/or adjustments may be made to ensure safety, prevent retaliation, and avoid an ongoing hostile environment. During the fact-finding and investigatory phase, the University will offer and implement as applicable appropriate remediation measures including, but not limited to interim suspension, housing or academic accommodations, safety escorts and/or No Contact orders to ensure the safety of the community. 

Interim measures should be equitable and appropriate, making every effort to avoid depriving any student of their education.  These interim remedies may include, but are not limited to, referral to counseling or health services or to the Employee Assistance Program, extensions of time or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, increased security and monitoring of certain areas of campus, curricular and co-curricular restrictions, interim suspension, and other similar accommodations.

E. Emergency Removal/Interim Suspension of a Student

The University can initiate an emergency removal/interim suspension of a student-respondent from campus on an emergency basis provided that the University:

• Undertakes an individualized safety and risk analysis
• Determines that an immediate threat to the physical health and safety of any student or other individual arising from the allegations of sexual harassment justifies removal

If the University determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal, by notifying the Title IX Coordinator in writing.  The University will designate an individual not otherwise involved in the case to consider the challenge to the removal and determine if the emergency removal was reasonable.

During an interim suspension, alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student.

F. Administrative Leave Pending Investigation for an Employee

Employees may be placed on administrative leave pending the completion and outcome of the resolution process.

For allegations involving employees, including those hired with adjunct status, the University will follow the Personnel Manual.

For allegations involving faculty, the Provost and Vice President for Academic Affairs may interim suspend a faculty member, consistent with the Faculty Handbook, on the recommendation of the Title IX Coordinator(s), pending the completion of the investigation process. 

Any individual who fails to adhere to Interim Measures implemented during the process under this Policy is subject to disciplinary action up to and including dismissal or separation from the University.

G. Investigation

Once the Title IX Coordinator(s) decides to open an investigation that may lead to disciplinary action against the responding party, a detailed written notice will be issued to the responding party of the allegation(s) constituting a potential violation providing sufficient time to prepare a response before any initial interview with the investigator(s). Details in the written notice shall include:

• The identities of the parties involved.
• The specific section(s) of Equal Opportunity, Nondiscrimination, Sexual and Other Forms of Harassment that were allegedly violated.
• The precise conduct allegedly constituting the potential violation.
• The date(s), time(s) and location(s) of the alleged incident(s) and other content as dictated by state and federal law.

This notice will also affirm that the respondent is presumed not responsible and that any determination of responsibility will be made at the end of this process. Each party will receive this written notice in advance of any interview or hearing with sufficient time to prepare for meaningful participation. The respondent and reporting party must respond to requests for information and/or interviews in a timely manner.

Investigation length may vary as needed to ascertain direct first-hand information, collect corroborating information, and interview potential witnesses. The University may undertake a short delay, typically ten (10) business days, to allow for evidence collection when criminal charges on the basis of the same behaviors that invoke this process are being investigated. University action will not be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

All investigations will be thorough, reliable, and impartial and will include interviews with relevant parties and witnesses, obtaining available evidence[1], and identifying sources of expert information, if necessary. During an investigation, the appointed investigator(s) may consult with the Title IX Coordinator(s) as needed on related investigative procedural matters.

Prior to the completion of the investigation report, the investigators (or Title IX Coordinator(s)) will provide access to all evidence obtained (whether relevant or not) as part of the investigation to both Parties (and the Party’s Advisor, if any, upon a Party’s signed information release for their Advisor of choice). Both Parties will have 10 business days to inspect, review, and respond to the evidence. All responses to the evidence must be submitted by the Party in writing to the investigator. The investigators will consider all timely responses submitted by the Parties.

The completed investigation report will outline each of the allegations that potentially constitute conduct that violates this Policy, provide the timeline (e.g., procedural steps) of the investigation, and objectively summarize relevant evidence, participant statements, and responses to questions.  The investigator will provide a completed investigation report concurrently to both Parties and each Party’s Advisor, if any, upon a Party’s signed information release for their Advisor of choice at least 10 business days prior to the date of the scheduled hearing to review and provide a written response at the hearing.  A copy of the completed investigation report will be issued to the Title IX Coordinator and to the hearing officer assigned to the hearing.

If the Title IX Coordinator(s) affirms that the preponderance of evidence does not support a finding of a policy violation, the parties will be notified, and the process will end unless the reporting party requests that the Title IX Coordinator(s) make an extraordinary determination to re-open the investigation or to forward the matter for a hearing. This decision lies in the sole discretion of the Title IX Coordinator(s). In the event of no finding of a policy violation, no documents associated with the investigation of a complaint will be shared with any party.

H. Student Withdrawal or Employee Resignation

If the respondent is a student, who withdraws or graduates while disciplinary charges are pending for a violation of Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, or Stalking, the University will not end the disciplinary process or issue a transcript to the student until the University makes a final determination of responsibility. These matters will be expedited as necessary to accommodate both the student and the affected individual’s interest in a speedy resolution.

The University shall, upon request by another postsecondary educational institution and as permitted by state or federal law, including the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, Texas HB 1735 and SB 449, provide to the requesting institution information relating to a determination by the institution that a student enrolled at the institution violated the institution’s policy or code of conduct by committing sexual harassment, sexual assault, dating violence, or stalking.

Should any University employee resign while charges are pending, the records of the Title IX Coordinator(s) will reflect that status.

The University will comply with NCAA reporting requirements related to allegations against student-athletes.

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[1] St. Mary’s University cannot access, consider, disclose, or otherwise use a reporting party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’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 school obtains that party’s voluntary, written consent to do so.

5. Determination of Responsibility – Live Hearing

A. Notification of Charges

At least ten (10) business days prior to the formal hearing, or as far in advance as is reasonably

A detailed description of the alleged violation(s), a description of the applicable procedures, and a statement of the potential sanctions/responsive actions that could result.

The time, date, and location of the hearing and a reminder that attendance is expected, superseding all other campus activities.  A statement that If any party does not appear at the scheduled hearing, the hearing will be held in their absence.  For compelling reasons, the Title IX Coordinator(s) may reschedule the hearing.

A list of all those who will attend the hearing in addition to the name(s) and title(s) of the decision maker(s) along with an invitation to object to any Hearing Officer on the basis of demonstrated bias or conflict of interest

Notification the parties may have the assistance of an Advisor of their choosing at the hearing and will be required to have one present for any questions they may desire to ask.  The Advisor may not be a party or a witness to the allegation, or related allegation(s), under consideration by the Hearing Panel. The party must notify the Title IX Coordinator(s) if they do not have an Advisor, and the University will appoint one.

Hearings for possible violations that occur near or after the end of an academic term will be held prior to the start of the next term whenever possible.

Once mailed, emailed to University-issued email address, or received in-person, notice will be presumptive delivered

Information regarding any technology that will be used to facilitate the hearing;

Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the Hearing Officer(s) and parties to see and hear a party or witness answering questions;

Information on how the hearing will be recorded and on access to the recording after the hearing

a copy of all the materials provided to the Hearing Officer(s) about the matter, unless they have been provided already;

an invitation to submit an impact statement pre-hearing that the Hearing Officer(s) will review during any sanction determination;

an invitation to contact the Title IX Coordinator(s) to arrange any disability accommodations, language, assistance, and/or interpretation services that may be needed at the hearing, and

information regarding any other logistical items to assist in the smooth administration of the hearing

The Hearing Officer will only be unseated if it is concluded that alleged conflict or bias would preclude any impartial hearing of the complaint.

B. Live Hearing Procedures

Participants of the hearing are limited to the Hearing Officer (who cannot be the same person as the Title IX Coordinator or the investigator), the members of the Hearing Panel (if a Panel is selected), the investigator(s) who conducted the investigation on the allegation(s), the reporting party(s) and respondent(s), advisers to the parties, and any called witnesses.

At the discretion of the Hearing Officer, a pre-hearing conference may be conducted as needed. All parties must submit to the Hearing Officer the names of witnesses intended to be called during the hearing. The Hearing Officer will provide the complainant and respondent with the names of the Hearing Panel members, written investigative findings report, pertinent documentary evidence, and the list of witnesses.

Should either party object to any Hearing Panel member, the party must raise all objections, in writing, to the Title IX Coordinator(s) immediately upon receipt of notice of hearing. Hearing Panel members will only be unseated if the Title IX Coordinator(s) concludes that their reported bias precludes an impartial hearing of the allegation. Additionally, any panelist who feels they cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties and all witnesses in advance of the hearing.

Typically, the hearing will be conducted virtually via Video Conferencing platform unless otherwise notified prior to the hearing.  If alternative questioning mechanisms are desired, (screens, use of video communication, questions directed through the Hearing Officer, etc.), the parties must request them from the Hearing Officer prior to the hearing.

The decorum of the live hearing is regulated by the Hearing Officer, who services as the final decision-maker for this process.  Details of decorum requirements of the live hearing will be sent to both parties ahead of the live hearing.  If decorum is violated the Hearing Officer will bar the offending party from the process.

All live hearing proceedings are private. All persons present at any time during the hearing are expected to maintain the privacy of the proceedings, subject to University consequences for failure to do so. While the contents of the hearing are private, the parties have discretion to share their own experiences if they choose and should discuss doing so with their advisers.

There will be no observers in the hearing. The Hearing Officer will allow witnesses who have relevant information to appear during the portion of the hearing in order to respond to specific questions from the panel or the parties involved.

In hearings involving more than one respondent or in which two reporting parties have accused the same individual of substantially similar conduct, the standard procedure will be to hear the allegations jointly; however, the Hearing Officer may permit the hearing pertinent to each respondent to be conducted separately. In joint hearings, separate determinations of responsibility will be made for each respondent.

The live hearing shall also be informed and guided by the following requirements:

At the live hearing, the Hearing Officer must permit each party’s adviser to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.

Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s adviser of choice and never by a party personally.

Hearings may be conducted in-person or typically via a virtual meeting platform (Zoom or others). At the request of either party, if an in-person hearing format is used, the University must provide for the entire live hearing (including cross-examination) to occur with the parties located in separate rooms with technology enabling the parties to see and hear each other.

Only relevant cross-examination and other questions of disputed facts may be asked of a party or witness. Before a reporting party, respondent, or witness answers a cross-examination or other question, the Hearing Officer must first determine whether the question is relevant and explain to the party’s advisor asking cross- examination questions any decision to exclude a question as not relevant.

If a reporting or responding party does not have an advisor present at the live hearing, the school must provide, without fee or charge to that party, an adviser of the school’s choice who may be, but is not required to be, an attorney to conduct cross-examination on behalf of that party.

If a party or witness does not submit to cross-examination at the live hearing, the Hearing Officer may rely on any statement of that party or witness in reaching a determination regarding responsibility. The Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination other questions.

The findings of the investigation are recommended findings and are not binding on the panel, though any undisputed conclusions of the investigation report will not be revisited, except as necessary to determine sanctions or corrective actions.

St. Mary’s University will create an audio or audiovisual recording, or transcript of any live hearing.  Hearings are recorded for purposes of review in the event of an appeal.  No person will be given or be allowed to make a copy of the recording.  Persons given access to the recording will be required to sign an agreement confirming that they will protect the privacy of the information contained in the recording.

C. Decisions

Deliberations will be conducted in closed session to determine whether the respondent is responsible or not responsible for the violation(s) in question.  If a respondent is found responsible appropriate sanctions will be recommended to the Title IX Coordinator(s).

The Hearing Officer will prepare a written deliberation report and deliver it to the Title IX Coordinator(s), detailing the panel’s findings of fact, conclusions as to whether the facts support a finding of responsibility for the alleged violation(s), the information cited by the panel in support of its conclusions, and any information the Hearing Panel excluded from its consideration and why.

The report shall include any recommended sanctions and the rationale for such sanctions.  This report must be submitted to the Title IX Coordinator(s) within ten (10) business days of the end of deliberations.  For matters involving student respondents, the Title IX Coordinator in consultation with the Dean of Students, will determine final sanctions.

The Title IX Coordinator(s) will notify the respondent and reporting party of the final determination of the deliberation report with any sanctions imposed by the University, and the rationale for the result and the sanctions.  Such notification, along with notification of the University’s procedures to appeal, shall be simultaneously provided in writing to both parties.

The notification may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official University records; or emailed to the parties’ University-issued email account.  Once mailed, emailed and/or received in-person, notice will be presumptively delivered.

D. Appeals

Both the Complainant and the Respondent party to a complaint may appeal a determination regarding responsibility, or the University’s dismissal of a formal complaint or any related allegations.  All appeals must be submitted in writing to the Title IX Coordinator(s) within three (3) business days of the delivery of the decision.  When an appeal is received, both parties will be notified and provided a copy of the appeal within three (3) business days.  Any non-appealing party (or the University) will have seven (7) business days from the notification to submit a written response.  Pending the outcome of the appeal, sanction(s) and/or corrective actions are implemented immediately unless the Title IX Coordinator(s) or designee states otherwise for extraordinary circumstances.

Faculty appeals will be conducted consistent with the Faculty Handbook,, with results of the appeal reported to the Title IX Coordinator(s).

The original finding(s) and sanction(s) are presumed to have been decided reasonably and appropriately and will stand unless there is a showing of clear error. Both the complainant and respondent may file an appeal on the following grounds:

A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures, etc.)

To consider new evidence that was unavailable during the original hearing or investigation, which could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included

The Hearing Officer, investigator, or panel member(s) had conflicts of interest or bias that affected the outcome of the matter

The sanctions fall outside the range of sanctions, if any, the University has designated for this offense. If no range of sanctions is specified, sanctions may be appealed on the basis that they are disproportionate to the severity of the violation(s).

The original finding(s) and sanction or corrective action(s) will stand if the appeal panel determines if the grounds of the appeal have not been met and notice is to be provided to both parties.

Additional principles governing the hearing of appeals include the following:

To successfully rebut the presumption that the original finding(s) and/or sanction(s) is reasonable and appropriate, a showing of clear error to the investigation must be demonstrated.

Appeals are not intended to be a full re-hearing of the allegation(s). Appeals are confined to a review of the investigator report, written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal. Appeals granted based on new evidence should normally be remanded to the original Hearing Panel or Hearing Officer for reconsideration. (Other appeals may be remanded at the discretion of the Title IX Coordinator(s), or heard by a hearing officer, or a new Appeals panel).

The appeal panel will prepare and release a written decision within 21 business days to the Title IX Coordinator that either:

Affirms the hearing officer’s determination regarding the Respondent’s responsibility and its attendant disciplinary sanctions and remedies, if applicable;

Remands the matter back to the live hearing stage for the hearing officer to remedy any procedural irregularity or consider any new evidence, or

Reverse the hearing officer’s determination of the Respondent’s responsibility and the attendant disciplinary sanctions and remedies, if applicable.

The appeal panel’s written decision will detail the determination of the panel and the information cited by the appeal panel in support of its recommendation.  In the event of an unsuccessful appeal, final determinations and/or identified sanction(s) will stand and are final.

Once an appeal is decided, sanctions that make a student ineligible to return to St. Mary’s University for a reason other than an academic or financial reason will be noted on the student’s University transcript.

Once an appeal is decided, the outcome is final; further appeals are not permitted.  Both parties will receive written notice of the outcome of the appeal.

6. Sanctions and Corrective Actions

A. Sanctions for Policy Violations

If a person is found responsible for violating this policy, the University may impose one or more sanctions and initiate additional remedial actions in accordance with the guidelines set forth below.

This policy prohibits a broad range of conduct. In keeping with the University’s commitment to foster an environment that is safe, inclusive, and free from discrimination and harassment, the appropriate disciplinary authority has some discretion in the imposition of sanctions tailored to the facts and circumstances of each report, to the impact of the conduct, and to achieving accountability. The imposition of sanctions is designed to eliminate conduct described in this policy, prevent its recurrence, and remedy its effects, while supporting the University’s educational mission. Sanctions may include educational, restorative, rehabilitative, and punitive components. Some conduct, however, is so egregious in nature, harmful to the individuals involved, or so adverse to the educational process that it requires severe sanctions, including suspension, expulsion, or termination.

When a respondent accepts responsibility after the initial investigation or is found responsible by a decision-maker at the completion of a hearing, the University will assign an appropriate sanction or responsive action.

Factors considered when determining a sanction or corrective action may include:

• The nature, severity of, and circumstances surrounding the violation
• An individual’s disciplinary history
• Previous allegations or allegations involving similar conduct
• Any other information deemed relevant by the Title IX Coordinator(s)
• The need for sanctions or corrective actions to bring an end to the conduct
• The need for sanctions or corrective actions to prevent the future recurrence of similar conduct
• The need to remedy the effects of the conduct on the reporting party and the community

B. Sanctions for Student-Respondents

Sanctions against a student will be implemented by the Office of Student Integrity and Welfare within ten (10) business days upon receipt of the Hearing Officer’s determination in accordance with the University’s student disciplinary procedures.  If the violation has a nexus to the respondent’s appointment as a student employee, the discipline decision will be made in consultation with the Title IX Coordinator(s) in consultation with the Office of Human Resources.  Student disciplinary actions may include, but are not limited to: probation, suspension, or expulsion.  For a complete list of authorized disciplinary sanctions for students, see Code of Student Conduct, Section 6: Conduct Procedures, Subsection 12: Conduct Sanctions.

C. Sanctions for Employee

Sanctions against University employees will be handled under the University’s employment policies governing discipline and dismissal of faculty and staff, respectively.

D. Staff Sanctions

Sanctions and corrective actions for a staff member who has engaged in conduct outlined in this policy include, but are not limited to: verbal and written warning, required counseling, demotion, suspension with pay, suspension without pay, and dismissal, in accordance with the terms of Section 5.0 Separation from Employment in the University’s Personnel Manual.

E. Faculty Sanctions

Sanctions and corrective actions for a faculty member who has engaged in conduct outlined in this policy will be consistent with Sections 2.8.6 Dismissal for Cause, and 2.8.7 Action Short of Dismissal of the Faculty Handbook.

F. Failure to Complete Sanctions or Comply with Corrective Actions

All individuals found responsible for violating conduct outlined in Equal Opportunity, Nondiscrimination, Sexual and Other Forms of Harassment of this policy are expected to comply with sanctions and/or corrective actions within the time frame specified by the Title IX Coordinator(s) except for faculty who are subject to Sections 2.8.6 Dismissal for Cause, and 2.8.7 Action Short of Dismissal of the Faculty Handbook. Failure to follow through on sanctions and/or corrective actions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions and/or corrective actions and/or suspension, expulsion, or termination from the University and may be noted on a student’s official transcript. A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator(s).

The University will consider termination for faculty or staff, the presumptively appropriate discipline for a finding of responsibility, for the following Prohibited Conduct: (1) Sexual Assault, (2) Interpersonal Violence (3) Stalking, and (4) Sexual Harassment. This presumption may be rebutted or confirmed, in the disciplinary authority’s discretion, by one or more mitigating or aggravating factors in order to reach a just and appropriate resolution in each case.

7. Policy Revision

The Title IX Coordinator(s), in consultation with appropriate campus officials, may also vary procedures materially with notice upon determining that changes to law or regulation require policy or procedural alterations not reflected in this procedure.  Procedures in effect at the time of its implementation will apply.

8. Resources

Please connect to our Sexual Assault Resources – St. Mary’s University site for immediate information on resources.

Please email our Title IX email for questions, concerns, procedural clarification, or reports:

Additional Contact Information

• Anita Limon Deputy Coordinator Title IX & Clery Compliance
• 210.431.4385
• alimon3@stmarytx.edu

• J Guadarrama
• Executive Director of Human Resources & Title IX Coordinator
• 210.436.3725
• jguadarrama@stmarytx.edu

• Tim Bessler, ED.D.
• Vice President of Student Development/Dean of Students & Title IX Coordinator
• 210.431.5024
• tbessler@stmarytx.edu

• Report Crimes, Concerns, or Issues to: University Policy Department
  • Non-Emergency 210.436.3330
  • Emergency 210.431.1911
  • Email: stmaryspolice@stmarytx.edu

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Approved by Executive Council on 03 September 2024