Hobart and William Smith Colleges

For on campus confidential support, you may contact the HWS Counseling Center at 315-781-3388 and/or the Office for Spiritual Engagement at 315-781-3671.

You also have the right to an advisor of your choice. The advisor may be any person, including an attorney, who is not otherwise a party or witness involved in the investigation or adjudication. Your advisor may accompany you to meetings and interviews; however, your advisor may not answer questions for you, make objections, or pose questions to you or others.

To learn more about the investigation process and the Sexual Misconduct Policy, contact the Title IX Coordinator at 315-781-3922 or titleix@hws.edu.

An investigation: The Title IX Coordinator will designate one or more investigators from the Colleges and/or an experienced external investigator(s) to conduct a prompt, thorough, fair, and impartial investigation. You and the Respondent will be interviewed separately and will not appear in the same room during the investigation. The parties will have an equal opportunity to be heard, to submit information and corroborating evidence, to recommend witnesses who may have relevant information, and to submit questions that they believe should be directed by the investigator to each other or to any witness.

Adjudication: The Colleges have two adjudication options:

• Administrative conference: Either party may request an administrative conference or the Title IX Coordinator may determine that such a conference is appropriate. The Title IX Coordinator will designate someone to meet with the parties to determine responsibility and sanction. The Title IX Coordinator has ultimate discretion to determine whether resolution by an administrative conference is appropriate.
• Hearing: The hearing is an opportunity for the parties to address an external adjudicator(s) about issues relevant to the finding of responsibility. The adjudicator(s) will determine the finding of responsibility and sanctions.

While the complaint is pending you may be subject to interim measures, which may include a no contact order with the Respondent and/or a change to your housing, classes, or work schedules to ensure that both individuals have a safe and comfortable educational environment. The Title IX Coordinator will promptly inform you of any action(s) including interim protective measures that directly impact you, and you will have an opportunity to respond to such action(s).

Students, faculty and staff can file complaints of sexual misconduct at any time while they are members of the HWS community.

The HWS Sexual Misconduct Policy prohibits acts of retaliation by any involved party. Retaliation should be promptly reported to the Title IX Coordinator and will be investigated and resolved under the Sexual Misconduct Policy and Procedures.

The complaint process is private and all involved persons will be expected to respect that privacy. Further, individuals are prohibited from distributing documents obtained during the process. However, the Complainant and/or Respondent may disclose the final outcome of a complaint once it has been determined. The Title IX Office protects the privacy of all parties involved in the resolution of reported sexual misconduct to the greatest extent possible. Other college officials (e.g. faculty, coaches) will be contacted on a need-to-know basis only, and are also required to maintain privacy. If you are 18 years or older, the Title IX Office will not contact or disclose any information to your parents or guardians unless you request this in writing.

Where an individual is found responsible for a violation of the Sexual Misconduct Policy, the adjudicator, in consultation with the Associate Dean of Students or other appropriate administrator (designated by the Title IX Coordinator prior to the hearing) will determine appropriate sanction(s). The Colleges may impose any of the following sanctions: probation, conduct warning, suspension, expulsion/permanent separation, organizational sanctions including probation and rescinding recognition, and/or any other educational and/or remedial measures to eliminate, prevent or address the sexual misconduct. Both parties will simultaneously receive the final outcome letter notifying them of the finding of responsibility and sanctions, if applicable.

Both the Complainant and Respondent may appeal the final outcome. Parties may file an appeal based on the following grounds: previously unavailable relevant evidence that could significantly impact the final outcome; procedural error(s) that had a material impact on the final outcome; the sanction is grossly disproportionate to the conduct committed. An appeal must be filed with the Title IX Coordinator in writing within seven calendar days of receiving the final outcome letter. The appeal panel can dismiss the appeal for failing to state a grounds for appeal, affirm the original findings, or send the case back to the adjudicator for reconsideration. Appeal decisions are final and are not subject to further appeal.

A criminal complaint is always an option whether or not the Complainant decides to file a complaint with the Colleges. Individuals have the right to simultaneously pursue criminal charges and an investigation of a violation of the Sexual Misconduct Policy.