Reporting to the College
Macalester College encourages anyone who has experienced sexual misconduct (sex or gender-based discrimination, sexual harassment, sexual assault, sexual exploitation, dating/intimate partner violence, domestic violence, or stalking) to report the incident to the College so the College can investigate and respond to such reports. An individual may provide a report to the College by contacting any of the following people:
- Interim Title IX Coordinator: firstname.lastname@example.org, 243 Campus Center, 651-696-6258.
- Assistant Vice President for Student Affairs/Dean of Students & Deputy Title IX Coordinator: DeMethra LaSha Bradley, email@example.com, 124 Weyerhaeuser Hall, 651-696-6220.
- Associate Dean of Students & Deputy Title IX Coordinator: Andrew Wells, firstname.lastname@example.org, 119 Weyerhaueser Hall, 651-696-6220.
- Campus Security: 651-696-6555.
You can also make a report to other College employees (including staff, faculty, or student employees), but it is important for you to know that–with the exception of confidential resources, explained below–all College employees who become aware of incidents or allegations of sexual misconduct have a responsibility to report the matter to the Title IX Coordinator.
Reports to the College should include as much information as possible, to enable the College to respond appropriately. Information provided to the Title IX Coordinator must include all relevant details, including the name of the individual reporting the allegation of sexual misconduct, the name(s) of the person(s) accused of the misconduct, other people involved in the incident, and the date, time, and location of the incident. Reports can be made by telephone, via email, or in person.
Some individuals may wish to keep their concerns confidential or are not prepared to make a report, but still want to seek information and support. Such individuals may speak with a confidential resource. Sharing with a confidential resource means that those communications cannot legally be disclosed to another person, without the consent of the person sharing the information. These confidential resources can be used as a resource for individuals regardless of whether the individual chooses to report to the College. View a list of the College’s Confidential Resources.
The College will accept anonymous reports of sexual misconduct. Reports may be filed anonymously using the College’s anonymous online reporting form without requesting further action from the College. The individual making the report is encouraged to provide as much detailed information as possible to allow the College to investigate the report and respond as appropriate. The College may be limited in its ability to investigate an anonymous report unless sufficient information is provided to enable the College to conduct a meaningful and fair investigation.
Find full details of reporting sexual misconduct to the College in the Sexual Misconduct Policy.
Complaint Resolution Process
All proceedings involving a sexual misconduct complaint will provide a prompt, fair, and impartial investigation and resolution. Proceedings will be conducted by individuals who receive annual training on the issues related to sexual harassment, sexual exploitation, sexual assault, domestic violence, dating/intimate partner violence, stalking, how to conduct an investigation, and decision-making processes that protect the safety of all and promote accountability. In addition, proceedings will be conducted by individuals who do not have a conflict of interest or bias for or against the complainant or respondent. In addition, both the complainant and respondent are encouraged to have an advisor of their choosing at any meeting that occurs during the complaint resolution process.
Below is a summary overview of the steps involved in a sexual misconduct complaint resolution proceeding. For full details of the complaint resolution process, see the Sexual Misconduct Policy.
Initial Title IX Review and Assessment: In most cases, the first step of the complaint resolution process is a preliminary meeting between the complainant (the person filing a complaint with the College under the Sexual Misconduct Policy) and the Title IX Coordinator or the Title IX Coordinator’s designee(s). The purpose of the preliminary meeting is to gain a basic understanding of the nature and circumstances of the complaint; it is not intended to be a full investigation interview.
Sexual Misconduct Complaint: The filing of a complaint begins the complaint resolution process. In most cases, complaints are made by the complainant. However, the College reserves the right to move forward with a complaint resolution process to protect the safety and welfare of the community, even if the victim chooses not to make or move forward with a complaint. Generally, the Title IX Coordinator will make a determination of whether the College will move forward with a complaint resolution process in the absence of a complaint filed by the victim. If the College decides that it has an obligation to move forward with a complaint resolution process, it will notify the victim before proceeding.
Notice of Allegation: When the Title IX Coordinator has received a complaint of sexual misconduct, the Title IX Coordinator or designee(s) will meet with the respondent (individual named as the accused in a complaint with the College) to notify them of the complaint and alleged policy violations that are being investigated; provide an explanation of the process; explain the importance of preservation of evidence; describe any interim actions or protective measures that have been put in place that directly relate to the respondent (i.e., no contact directive); provide information about on- and off-campus resources; in cases involving allegations of sexual assault, dating/intimate partner violence, domestic violence, or stalking, explain the right to have an advisor; and explain the College’s policy prohibiting retaliation.
Informal Resolution: When the complainant chooses to move forward with the complaint resolution procedure, the complainant has the option to proceed informally, when permissible. In cases involving sexual assault, informal resolutions are not appropriate and are never permissible. If an informal resolution is pursued, the Title IX Coordinator (or the Title IX Coordinator’s designee) will attempt to facilitate a resolution that is agreeable to the complainant and the respondent. Any informal resolution must adequately address the concerns of the complainant, as well as the rights of the respondent and the overall intent of the College to stop, remedy, and prevent policy violations. Participation in informal resolution is voluntary, and the complainant and respondent have the option to discontinue the informal process at any time and request a formal investigation. The College also always has the discretion to initiate a formal investigation. If at any point during the informal resolution process, the complainant or respondent or the College wishes to cease the informal resolution process and to proceed through the formal resolution process, the informal resolution process will stop and the formal resolution process outlined below will be invoked.
Formal Resolution: If the complaint is not processed or resolved through the Informal Resolution process discussed above, the complaint shall be processed according to the formal complaint resolution procedure:
- Investigation: The Title IX Coordinator or the Title IX Coordinator’s designee(s) will designate one or more trained investigators. The investigation will be thorough, impartial, and fair, and all individuals will be treated with appropriate sensitivity and respect. The investigation will be conducted in a manner that is respectful of individual privacy concerns. The investigation will typically include interviews with the complainant, the respondent, and any witnesses; these interviews may be audio-recorded. As part of the investigation, the College will provide an opportunity for the both the complainant and respondent to advise the investigator(s) of any witnesses they believe should be interviewed, and other evidence they believe should be reviewed by the investigator(s). The interviews will be supplemented by the gathering of any physical, documentary, or other evidence, as appropriate and available. At the conclusion of the investigation, the investigator(s) may prepare a report setting forth the facts gathered. The investigator(s) will compile an investigation file, which shall consist of any information, documents, recordings, or other evidence that will be provided to the adjudicators. The investigation file will be forwarded to the Title IX Coordinator for review and the Title IX Coordinator has the discretion to ask the investigator(s) for clarification, additional investigation, and/or to have information removed or redacted from the investigation report.
- Review of Investigation File In Cases Involving Sexual Assault, Dating/Intimate Partner Violence, Domestic Violence, and Stalking: For complaints involving allegations of sexual assault, dating/intimate partner violence, domestic violence or stalking, the investigation file will be made available for review by the complainant and respondent. Confidential information in the investigation file that cannot be shared with the complainant, respondent, or adjudicators may be redacted from the file in accordance with applicable law.
- Adjudication: Upon completion of the investigation, the Title IX Coordinator will assign the appropriate College authority and a second designee from the Title IX or Bias & Harassment Team to adjudicate the complaint. When the respondent is a student, the appropriate College authority is the Vice President for Student Affairs or designee; when the respondent is a faculty member, the appropriate College authority is the Provost and Dean of the Faculty or designee; when the respondent is a member of the staff, the appropriate College authority is the Director of Employment Services or designee; and when the respondent is the President of the College, the appropriate College authority is the Chair of the Board of Trustees or designee. If the appropriate College authority is the respondent or the complainant, either of the other two administrators designated will assume the responsibility of adjudicating the complaint. The College will strive to complete a prompt, thorough, fair and impartial adjudication. The adjudicators will review the investigation file and any additional information provided by the complainant and respondent after the parties’ review of the investigation file, as applicable. This information will be used by the adjudicators to determine whether it is more likely than not (a “preponderance of evidence” standard) that the respondent violated the policy, and they will impose remedies and/or sanctions as necessary to end the misconduct, prevent its recurrence, and address its effects.
Appeals: Either the complainant or the respondent may appeal the results of the formal resolution process for one of the following reasons: a procedural error occurred that substantially affected the outcome of the process; the decision was arbitrary and capricious or violated academic freedom; there has been discovery of significant new factual material not available to the Investigator that could have affected the original outcome; however, intentional omission of factual information by the appealing party is not a ground for an appeal; or the sanction or other response by Macalester under the formal resolution process was excessively severe or grossly inadequate. A signed, written request for an appeal must be submitted to the designated appeal officers within ten (10) days following the date that the notice of outcome was sent to the complainant and the respondent.
For the full details of the complaint resolution process, please review the Sexual Misconduct Policy.