Under CalArts’ Title IX Policy and Sexual Misconduct Policy, you are referred to as a complainant because you have submitted a formal complaint alleging an individual, referred to as the respondent, engaged in prohibited conduct against you—specifically, sexual harassment or sexual assault.
An investigation is part of the administrative process CalArts uses to determine whether Institute policy has been violated. The investigation is not a legal proceeding, and, as a result, a Title IX investigation does not determine guilt or innocence relative to any local, state, or federal law or proceeding.
Notice of allegation
The respondent has the right to receive a written notice of any and all allegations known at the time of the complaint with sufficient time to prepare a response before any initial interview, including the identities of the parties involved in the incident, if known; the conduct allegedly constituting a policy violation; and the date and location of the alleged incident, if known. You and the respondent will be simultaneously notified upon issuance of the notice of allegation.
Presumption of innocence
The respondent is not presumed responsible for the alleged conduct until a determination is made at the conclusion of the grievance process.
Right to an advisor of choice
You have a right to have one advisor of your choice, who may be an attorney, to assist you throughout the process.
Confidentiality and privacy
Your privacy is respected and we keep information gathered during the interview process confidential, limiting disclosure to those university employees with a legitimate “need to know” in order to carry out their responsibilities to review, investigate, and/or resolve these matters.
Neutrality
You have a right to participate in the investigation process free from retaliation. CalArts prohibits all forms of retaliation against an individual who has engaged in a protected activity such as filing a discrimination or harassment complaint, making a verbal statement of discrimination or harassment, or being a witness in a discrimination or harassment complaint. Retaliation should be promptly reported to the Title IX coordinator.
Supportive measures
You have a right to receive supportive measures based upon the facts and circumstances of the situation including, but not limited to:
Counseling
Extensions of deadlines or other course-related adjustments
Modifications of work or class schedules
Campus escort services
Mutual restrictions on contact between the parties
Changes in working or housing locations
Leaves of absence
Increased security and monitoring of certain areas on the campus
These measures will be maintained as confidential to the extent that the Institute’s ability to effectively provide the measures is not impaired.
The respondent has a right to know of any supportive measure already determined and being provided to you that directly affects or impacts the respondent.
Informal resolution
Provided that you and the respondent give your voluntary, written consent, CalArts may facilitate a resolution without a full investigation and adjudication. This option is not available if the complaint involves quid pro quo harassment or sexual assault.
Formal investigation
If resolution of the allegation is not resolved through an informal process, a formal investigation will take place. Both parties will be notified of the investigator’s contact information and each party will have the opportunity to identify any real or perceived conflicts of interest by notifying the Title IX coordinator in writing. The Title IX coordinator will consider stated concerns and if they determine that a material conflict of interest exists, will assign a different investigator.
Interviewing the parties
Typically, the investigator’s first step will be to meet with you to fully understand the allegations. You may be accompanied by an advisor of your choice during this meeting. You are strongly encouraged to share all information, including documentation and names of witnesses, if any, with the investigator. After the investigator understands the nature and scope of the allegations, you and the respondent will be notified of any new or amended allegation(s), will be sent an updated notice of allegation(s), and given a full and fair opportunity to respond. They are also strongly encouraged to share all information, including documentation and names of witnesses (if any) with the investigator. The parties are not present during each other’s interviews.
Notes and recordings
The investigator will take notes during the interview. However, interviews with the investigator are not recorded, and no recording is permitted by anyone participating in the investigation process, including complainants, respondents, witnesses, and advisors.
Gathering other information
After meeting with the complainant and the respondent, the investigator interviews witnesses and reviews all documentation deemed relevant to the situation. The investigator will also visit, inspect, and take photographs at relevant sites where applicable, and will collect and preserve relevant evidence. The investigator may also contact the parties with additional questions or to request additional relevant information.
Inspection and access to evidence
You will have an opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.
Investigator’s report
The investigator will consider all information gathered during an investigation and prepare a report, which will be shared with both parties. Each party will have the opportunity to submit a written response to the evidence which will be considered by the Investigator before the report is submitted to the Title IX coordinator. The report is not shared with any other parties, including witnesses.
The Title IX coordinator will provide a final copy of the report to both parties concurrently and at least 10 calendar days prior to the determination hearing. The parties may provide a written response to the final investigation report five calendar days after receiving it.
Determination hearing
A hearing will be conducted to determine the outcome and resolution of the complaint. CalArts will appoint a neutral hearing officer to conduct the hearing, make findings regarding responsibility, and, if applicable, any necessary sanctions.
Remedies
If the respondent is found responsible for sexual harassment, assault, or sexual misconduct, the hearing officer will notify both parties of the decision, any imposed sanctions, and remedies provided to you to the extent therRespondent is affected.
Appeals
Both you and the respondent may appeal the hearing officer’s decision within five days of receipt of the decision. A three-member panel composed of at least two faculty or staff members will review the appeal. The panel’s decision is final and no further appeals may be submitted under the Title IX Policy.
Grounds for appeal
The appeal of the hearing officer’s decision must be for one of the following reasons:
Procedural irregularity that affected the outcome of the decision
New evidence, not reasonably available at the time of the hearing, that could affect the outcome of the decision
The Title IX Coordinator, investigator(s), or hearing officer had a conflict of interest or bias for or against either party that could affect the outcome of the decision
The sanctions imposed are not appropriate for the nature and severity of the conduct
Complainant rights
You have the right to:
Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
Make a decision about whether or not to disclose a crime or violation of CalArts Policies, as well as whether to participate or not participate in a grievance process free from pressure by the Institute;
Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
Be treated with dignity and to receive supportive measures and/or accommodations where available;
Be free from any suggestion that a complainant is at fault when these violations are committed, or should have acted in a different manner to avoid such violations;
Describe the incident to as few CalArts representatives as practicable and not be required to unnecessarily repeat a description of the incident;
Be address reports of retaliation by CalArts, any student, the accused and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of the Institute;
Be accompanied by an advisor of choice who may assist and advise a complainant throughout the Institute grievance or conduct process, including during all meetings and hearings related to such process;
Make a report to local law enforcement and/or state police; and/or choose not to report to the Institute.
