1. Mediation is a method of informal resolution. Informal resolutions are prohibited unless a formal complaint of sexual harassment is filed. Mediationmay include conflict resolution or a restorative agreement between the parties with a trained Title IX Officer presiding over the mediation.  Participation in mediation is not mandatory, but will only take place with the consent of both parties involved. Mediation may only be used:
   • Prior to a Notice of hearing being issued;
   • When a trained Title IX Officer determines this is a suitable option for resolving the concern, and both the Complainant and Respondent agree to use the process;
   • When the complaint does not involve sexual violence as defined in the Title IX Policy.
   • When both parties acknowledge receipt of written notice of their rights under this policy and both parties provide written, voluntary consent.
   • Mediation is not available when the complaint alleges a SKC employee harassed a student.

Because the outcomes of voluntary resolution conversations are mutually developed and agreed upon by parties involved, an appeal of the process and its result is not permitted. However, either the Complainant or the Respondent may terminate mediation at any time prior to the entry of a voluntary resolution and proceed with the Title IX hearing. If the parties are unable to agree on a voluntary resolution, the matter will be referred by the Title IX Coordinator to a Title IX Hearing.  No offers to resolve the conflict that were made or discussed during the informal voluntary resolution process may be introduced during the Title IX Hearing.

2. Title IX Hearing
   The Title IX Coordinator will determine if a hearing is necessary; mediation is never appropriate in sexual violence cases. If it is determined that SKC will proceed with a hearing, the complainant and the respondent will be notified in writing of the hearing date, the alleged policy violation and issued a notice to appear at the hearing. The written notice will be hand delivered directly to the student(s) or mailed to the local address as filed in the Registrar’s Office. Students are responsible for providing and maintaining a current local address in the Registrar’s Office.  
   The hearing members shall include at least one trauma trained individual in sex discrimination or sexual harassment adjudication to include a trained Title IX Officer as the hearing officer and three members of faculty and staff as hearing members. The selection of the hearing members will be made by the Title IX Coordinator. Criteria for the hearing committee will include: 1) have received all appropriate training, 2) not  a current instructor of either party involved, 3) have no previous substantive or direct knowledge of the incident, and 4) have no other perceived conflict of interest as determined by interview process with the Title IX Coordinator.  

Description of the duties of the Title IX Hearing Members will include but not limited to the following:

• Read and understand the Title IX Policy and Procedures, which include the hearing process.
• Read and understand all of the information of the Title IX case provided by the Coordinator prior to the hearing as part of a hearing packet.
• Read and understand the procedures of the Title IX hearing provided by the Coordinator prior to the hearing as part of a hearing packet.
• Have a clear understanding of the incident in question before going into deliberations for a decision.
• Decide the outcome (majority vote) and sanctions if needed based on the information presented, hearing notes, and the SKC Title IX Policy.
• Provide copies of notes, if made, to the hearing officer. The hearing officer will inform the parties of the decision at the hearing and send a letter as described in this policy.

Complainant’s Rights:

• Be given a written explanation of the allegations and the hearing process;
• Have access to evidentiary material in advance of the hearing;
• Be present during the entire hearing;
• Be accompanied by an advisor during the hearing. The advisor is limited to advising the student and may not present the case, or make statements during the proceedings. Students must provide SKC with the name and contact information for the student’s advisor as soon as practical but at least three (3) days prior to the hearing (if the advisor is an attorney, SKC’s attorney will also be present for the hearing);
• Be given a timely hearing;
• Exclude evidence of the victim’s past sexual history from discussion during the hearing. The past sexual history of the victim with persons other than the respondent shall be presumed irrelevant;  
• Clarifying that evidence of a prior consensual dating or sexual relationship between the parties by itself does not imply consent or preclude a finding of sexual harassment;
• Written notification of the outcome of the hearing including any sanctions; remedies/accommodations for the complainant; additional remedies for the school community;
• Written notification of any external counseling services that may be available; 
• Written notification of options for changing academic, living, transportation, and work site situations if reasonable;
• Written notification of an avenue for appeal.

Respondent’s Rights:

• Be given written notice of the allegations and the hearing process;
• Have access to evidentiary material in advance of the hearing;
• Be present during the entire hearing;
• Have no violation presumed until found responsible;
• Be given a timely hearing;
• Be accompanied by an advisor during the hearing. The advisor is limited to advising the student and may not present the case, or make statements during the proceedings. Students must provide SKC with the name and contact information for the student’s advisor as soon as practical but at least three (3) days prior to the hearing (if the advisor is an attorney, SKC’s attorney will also be present for the hearing);
• Exclude evidence of the victim’s past sexual history from discussion during the hearing. The past sexual history of the victim with persons other than the respondent shall be presumed irrelevant;  
• Written notification of the outcome of the hearing including any sanctions; remedies/accommodations for the complainant; additional remedies for the school community;
• Written notification of any external counseling services that may be available; 
• Written notification of options for changing academic, living, transportation, and work site situations, if reasonable;
• Written notification of an avenue for appeal.

The hearing will include opening statements, each party’s evidence and witnesses, and closing statements.  Students are permitted to have an advisor accompany the student throughout the disciplinary hearing. Students should provide SKC with the name and contact information for the Student’s advisor at least 3 days prior to the hearing. Students are permitted to be present during the disciplinary hearing (except during deliberations of the panel). Students are permitted to make statements, present witnesses and present evidence during the hearing which has been previously collected and approved during the investigation process. Witnesses and evidence need to be directly related to the incident. The standard of proof used in SKC Title IX Hearings is the preponderance of the evidence, which means the determination to be made, is whether it is more likely than not a violation occurred. This is significantly different than proof beyond a reasonable doubt, which is required for a criminal prosecution. In-person hearings are preferred, but video conference hearings may be conducted if the hearing officer determines that the health, safety and welfare of all participants is better served by the alternate hearing mode.