Resolution Procedures

Informal Resolution Procedures
Informal procedures are designed to assist the parties to reach a mutually agreeable resolution. An individual wishing to employ informal procedures in the resolution of a complaint will meet with the Title IX Coordinator or designee, who will explain the process and options available to the student.

(i)  Mediation
Mediation sessions will be held only if the complaining party and the accused party both agree to mediate and if the Title IX Coordinator determines that mediation is appropriate under the circumstances. The Vice President for Student Affairs will act as mediator or will designate another person to act as mediator. The goal of mediation is to facilitate the parties' discussions with each other such that a mutually acceptable resolution can be reached. At any point in the process or if no mutual resolution is reached, the complaining party may move the complaint to the formal adjudication process described below.

(ii)    Contractual Agreement
In certain situations, a formal understanding is reached between the parties. This agreement is formalized in writing and is subject to approval by the Vice President for Student Affairs or their designee. The terms may include a pledge that the parties will have no further contact with each other, known as a "No Contact Agreement." Once a student has signed a contractual agreement, it may not be revoked, and the terms may not be appealed. A student's failure to adhere to any term of the agreement may result in referral to the Due Process Procedure for Student Discipline in Non-Academic Areas.

Formal Adjudication Procedure
Formal procedures are designed to determine the merits of the allegations through adjudication and, where appropriate, to determine a disciplinary consequence for the accused student.

(i)    Formal Statement
An individual wishing to have a complaint formally adjudicated will be asked to give a  statement of complaint to the Title IX Coordinator, Deputy Coordinator or Investigator.  The complaint should be as specific as possible and the report of the complaint should be signed and dated by the complainant. The grievance should clearly describe the alleged incident(s), when and where they occurred and the desired remedy sought. Any supporting documentation should be included.  The Title IX Coordinator will forward the statement to a trained investigator to meet with the complaining student and explain the process.

(ii)    Investigation

The investigator will then take the following steps:

  • In coordination with the campus Title IX Coordinator and Deputies, initiate any necessary remedial actions
  • Determine the identity and contact information of the complainant
  • Identify the correct policies allegedly violated
  • Conduct an immediate initial investigation to determine if there is reasonable cause to charge the accused individual, and what policy violations should be alleged as part of the complaint

If there is insufficient evidence to support reasonable cause, the grievance should be closed with no further action.

  • Meet with the complainant to finalize the complaint 
  • Prepare the notice of charges on the basis of the initial investigation
  • Commence a thorough, reliable and impartial investigation by developing  a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the accused individual, who may be given notice prior to or at the time of the interview
  • Complete the investigation promptly, and without unreasonable deviation from the intended timeline
  • Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not)
  • Prepare a complete report of the investigation and findings for the Title IX Coordinator and Vice President for Student Affairs

The Title IX Coordinator will:

  • Share the findings and update the complainant on the status of the investigation and the outcome
  • Present the findings to the accused individual, who may accept the findings, accept the findings in part and reject them in part, or may reject all findings

(iii)  Possible Outcomes of the Complaint Process

1.  If the report finds that further adjudication is not warranted, the Title IX Coordinator will consult with the Vice President for Student Affairs. If the Vice President concurs, the complaint will be dismissed and the investigation will be closed. 

2.  When the accused individual accepts the findings that he or she violated College policy, the Vice President for Student Affairs will impose appropriate sanctions for the violation in consultation with the Title IX Coordinator. The College will act to end the discrimination, prevent its recurrence and mitigate its effects on the victim and larger College community.

3.  In the event that the accused individual rejects the findings in part or entirety, the Vice President for Student Affairs will convene a hearing to determine whether the accused individual is in violation of the contested aspects of the complaint. At the hearing the findings will be admitted and the investigator may give evidence. The hearing will determine whether it is more likely than not that the accused individual violated the policies forming the basis of the charge. The goal of the hearing is to provide an equitable resolution via an equitable process, respecting the civil rights of all participants. The Vice President for Student Affairs has final decision making authority with regard to formal complaints, subject to appeal. Where an accused individual is found in violation, the Vice President will impose appropriate sanctions for the violation in consultation with the Title IX Coordinator. The College will act to end the discrimination, prevent its recurrence and mitigate its effects on the victim and larger College community.

(iv) TimeFrame and Grounds for Filing an Appeal Request:

In the event that an accused individual accepts the findings of the investigation, those findings cannot be appealed.  Sanctions imposed by the Vice President for Student Affairs can be appealed by any party according to the grounds, below. Post-hearing, any party may appeal the findings and/or sanctions only under the grounds described, below. 

All sanctions imposed will be in effect during the appeal. A request may be made to the Title IX Coordinator for special consideration in exigent circumstances, but the presumptive stance of the College is that the sanctions will stand.  Graduation, study abroad, internships/externships, etc. do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.

The decision of the Vice President for Student Affairs may be appealed in a written petitionwithin 3 business days of receiving the written decision for a review of the decision or the sanctions imposed.  Any party who files an appeal must do so in writing to the Title IX Coordinator. The Title IX Coordinator will share the appeal with the other party. All appeals and responses are then reviewed to determine if the appeal meets the grounds for appeal and is timely. The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final. If the appeal has standing, the documentation is forwarded to a trained panel of for their consideration.  The party requesting appeal must show error as the original finding and sanction are presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:

  1. A procedural [or substantive error] occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.;
  2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included;
  3. The sanctions imposed are substantially disproportionate to the severity of the violation.


XII.    Statement of Rights

Statment of the Rights of the Alleged Victim 

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to university administrators
  • The right to be treated with respect by college officials
  • The right not to be discouraged by university officials from reporting an assault to both on-campus and off-campus authorities
  • The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual assault, usually within 24 hours of the end of the conduct hearing
  • The right to be informed by college officials of options to notify proper law enforcement authorities, including local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses.  This also includes the right not to report, if this is the victim's desire
  • The right to be notified of available counseling, mental health or student services for victims of sexual assault, both on campus and in the community
  • The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available. No formal complaint, or investigation, campus or criminal, need occur before this option is available.
    Accommodations may include: arranging to dissolve a housing contract and pro-rating a refund; exam (paper, assignment) rescheduling;   taking an incomplete in a class; transferring class sections; temporary withdrawal or alternative course completion options.
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing
  • The right not to have any complaint of sexual assault mediated (as opposed to adjudicated)
  • The right to a campus no contact order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others
  • The right to have complaints of sexual misconduct responded to quickly and with sensitivity by campus law enforcement
  • The right not to be questioned by the alleged harasser or to be required to question the alleged harasser
  • The right to appeal the [finding and] sanction of the conduct body, in accordance with the standards for appeal established by the institution
  • The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law
  • The right to be informed of the names of all witnesses who will be called to give testimony,  except in cases where a witness' identity will not be revealed to the accused student for compelling safety reasons. This does not include the name of the alleged victim/complainant, which will always be revealed
  • The right to preservation of privacy, to the extent possible and allowed by law;
  • The right to a hearing closed to the public;
  • The right to petition that any member of the conduct body be removed on the basis of demonstrated bias;
  • The right to bring a victim advocate or advisor to all phases of the investigation and campus conduct proceeding;
  • The right to ask the investigators to identify and question relevant witnesses, including expert witnesses
  • The right to be fully informed of campus conduct rules and procedures as well as the nature and extent of all alleged violations contained within the complaint
  • The right to be present for all testimony given and evidence presented before the conduct body
  • The right to have complaints heard by conduct and appeals officers who have received periodic sexual misconduct training
  • The right to have College policies and procedures followed without material deviation
  • The right to be informed in advance of any public release of information regarding the complaint
  •  The right not to have released to the public any personally identifiable information about the complainant, without his or her consent


Statement of the Accused Student's Rights 

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to College administrators against the accused student
  • The right to be treated with respect by College officials
  • The right to be informed of and have access to campus resources for medical, counseling, and advisory services
  • The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions
  • The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation 
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing
  • The right to make an impact statement for the campus conduct proceeding and to have that statement considered by the board in determining its sanction
  • The right to appeal the [finding and] sanction of the conduct body, in accordance with the standards for appeal established by the institution
  • The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law
  • The right to be informed of the names of all witnesses who will be called to give testimony, except in cases where a witness' identity will not be revealed to the accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed)
  • The right to a hearing closed to the public
  • The right to petition that any member of the conduct body be removed on the basis of bias
  • The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct adjudication training
  • The right to have College policies and procedures followed without material deviation
  • The right to have an advisor or advocate to accompany and assist in the campus investigation and hearing process. This advisor can be anyone,  but the advisor may not take part directly in the hearing itself, though they may communicate with the accused student as necessary
  • The right to a fundamentally fair hearing, as defined in these procedures
  • The right to a campus conduct outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice
  • The right to written notice of the outcome and sanction of the hearing
  • The right to be informed in advance, when possible, of any public release of information regarding the complaint


Molloy College Mission Statement

Molloy College, an independent, Catholic college, rooted in the Dominican tradition of study, spirituality, service and community, is committed to academic excellence with respect for each person. 
Through transformative education, Molloy promotes a lifelong search for truth
and the development of ethical leadership.