ADDENDUM to the Rasmussen College Catalog 2016-2017 May 18, 2017 iv. a written report detailing findings, recommendations, and sanctions. c. The preponderance of the evidence standard shall be used in determining whether a violation of this policy occurred. J. Appeals 1. The Victim/Survivor and Complainant, and the Respondent, have the right to timely appeal the findings or imposed sanctions resulting from an Inquiry or Investigation. An appeal will only be considered if it alleges one of the following: a. a procedural error occurred; b. new information exists that would substantially change the outcome of the finding; or c. the sanction is disproportionate with the violation. 2. Appeals must be written, and filed with the General Counsel, Lori Kruizenga ([email protected]) 3. The word “APPEAL” should be clearly written at the top of the appeal. 4. The appeal should clearly state, with specific details, the justification for the appeal. 5. Appeal Procedure: a. The President and General Counsel will consider and decide the appeal. b. The appeal will be limited in scope to the matter appealed, and to the evidence contained in the original Inquiry and Investigation record, unless the basis for the appeal is that new information exists. i. findings or sanctions, or sooner if required by federal or State law. 6. All findings and recommendations of an appeal are final. K. Contacts 1. The following college authorities are primarily responsible for receiving reports, and for conducting inquiries or investigations under this policy. To reach them, use the Online Reporting System or send an e-mail to: [email protected] a. Title IX Coordinator: Joshua Collier b. Deputy Title IX Coordinator: Noel Borg c. Vice President of Human Capital: Jessica Schmiesing d. General Counsel: Lori Kruizenga e. Associate Counsel: Nathaniel Orpen 2. Please see the lists for Local Law Enforcement, Medical Facilities, and Victim’s/Survivor’s Support and Advocacy Resources at http://www.rasmussen.edu/student-life/title-ix/ Anti-Harassment and Sexual Violence Policy (pg. 111) Delete this policy. It is replaced by the Title IX and Policy Against Sexual Harassment and Sexual Assault. Informal and Formal Complaints (pg. 111) Delete this policy. It is replaced by the Title IX and Policy Against Sexual Harassment and Sexual Assault. Informal Resolution (pg. 111) Delete this policy. It is replaced by the Title IX and Policy Against Sexual Harassment and Sexual Assault. If the appeal asserts that new information exists, the burden is on the appellant to produce the new information. However, the College may, at its discretion, conduct additional fact gathering efforts so long as they are limited to what is necessary to obtain the alleged new information as described in the appeal. c. Upon due consideration, and based upon the preponderance of the evidence, a written appellate report containing findings and recommendations shall be produced. d. The Victim/Survivor, Complainant, and the Respondent shall receive the appeal decision in writing within 7 days after the conclusion of the review of Resolutions and Informal Complaints (pg. 111) Delete this policy. It is replaced by the Title IX and Policy Against Sexual Harassment and Sexual Assault. Definitions (pg. 111) Delete this policy. It is replaced by the Title IX and Policy Against Sexual Harassment and Sexual Assault. Formal Complaints by Students and Employees (pg. 112) Delete this policy. It is replaced by the Title IX and Policy Against Sexual Harassment and Sexual Assault. Victim’s Rights Under Sexual Assault Policy (pg. 112) Delete this policy. Against Sexual Harassment and Sexual Assault. Grievance Procedure (pg. 114) Delete and replace paragraph #3 with the following: 3. If a complainant desires to further appeal a decision, a written statement must be submitted to the Senior Vice This addendum replaces all previously issued versions. Page 38 / 53 It is replaced by the Title IX and Policy
