Pratt Institute’s

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Title IX Volunteer Training

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The Volunteer Role

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Fall 2024

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Office of Institutional Equity and Title IX

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Purpose of this Training

• This training will review the role of the Title IX Volunteer.

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• This training will provide an overview of Pratt’s resolution process to address prohibited conduct within the Title IX, Nondiscrimination, and Anti-Harassment Policy.

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NOTE: This is high level training. Team members should consult the policies referenced in this training for more information.

Title IX Volunteers

The Title IX Volunteers can serve as

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• Investigators*
• Advisors
• Decision Makers (hearing officers / hearing panel members, appeals panel members)

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*This is not a common role. The Office of Institutional Equity and Title IX will typically manage and conduct all investigations.

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The Title IX Volunteer will:

• Respond to alleged violations of the Title IX, Nondiscrimination, and Anti-Harassment Policy (i.e. sex discrimination, sex-based harassment, sexual misconduct, and non-sex based discrimination and harassment based on protected categories) that are referred to formal resolution.
• Advise (support) Complainants / Respondents impacted by alleged violations of the Title IX, Nondiscrimination, and Anti-Harassment Policy.
• Support the Office of Institutional Equity and Title IX

Office of Institutional Equity and Title IX

Mike Arno

Director / Title IX Coordinator

marno58@pratt.edu

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Rollie Buchanan

Asst. Director

rbucha60@pratt.edu

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Teresa Cal

Asst. Director of Outreach & Community Standards

tcal@pratt.edu

Office of Institutional Equity & Title IX �Title IX Coordinator Role

• We serve the entire campus community.

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• We ensure the rights and protections afforded to community members under various local, state, and federal anti-discrimination laws are upheld.

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• We ensure Pratt maintains compliance with multiple anti-discrimination laws.

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• We are a neutral resource that leads Pratt’s response to inequity, harassment, and sexual misconduct concerns.

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• We eliminate, prevent, and redress known instances of inequity, harassment, and sexual misconduct with fair and efficient processes.

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• We coordinate support for individuals impacted by inequity, harassment, and sexual misconduct.

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• We provide prevention and training opportunities for the community.

Old vs. New

• In 2024 Pratt established the Title IX, Nondiscrimination, and Anti-Harassment Policy.

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• Prohibited conduct that is alleged to have occurred before August 1, 2024 will typically be addressed under Pratt’s formal applicable nondiscrimination policies (Title IX and Sexual Misconduct Policy and/or Nondiscrimination and Anti-Harassment Policy)

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• This training will primarily review the resolution procedures under Pratt’s current policy, however components of former policies may be reviewed to provide you with a full understanding of your role and responsibilities.

When is a matter referred to a Resolution Process?

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• When a report is filed with the Title IX Coordinator that alleges a member of the Pratt community violated the Title IX, Nondiscrimination, and Anti-Harassment Policy AND when Pratt has jurisdiction over the Respondent.

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• Pratt’s Resolution Process cannot be applied if the Institute does not have jurisdiction.

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• In the event the Institute does not have jurisdiction the Institute can still provide a Complainant with supportive measures.

Title IX, Nondiscrimination, and Anti-Harassment Policy Jurisdiction

• This policy applies to the entire Pratt Institute community, including, but not limited to, students, student organizations, faculty, administrators, and staff, whether on or off campus, and third parties such as guests, visitors, volunteers, invitees, and alumni when they are on campus or participating in Institute sponsored activities, including on study abroad programs. 

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• The policy applies on and off campus (including online)*

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• *If the Institute determines that the off-campus conduct affects a substantial Institute interest, including access to the educational program or activity, safety and security, compliance with applicable law, and meeting its educational mission.

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• The Respondent must be a member of the Institute community.�

Prohibited Conduct

• Sex discrimination

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• Sexual harassment

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• Sex-based harassment
• Sexual Assault
• Dating/Domestic Violence
• Stalking

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• Sexual Misconduct
• Sexual coercion
• Sexual exploitation
• Non-consensual sexual acts

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• Discrimination and harassment based on Protected Categories

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• Retaliation

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Protected Categories Include

• Age
• Color
• Sexual orientation
• Disability
• Citizenship
• Marital or family status
• Domestic violence victim status
• Caregiver status
• Religion / Creed

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• National origin
• Ancestry
• Race (including hair texture and protective hairstyles)
• Military Status
• Genetic information or characteristics
• Sex (including pregnancy, childbirth, or related conditions)
• Gender identity or expression
• Any other category or characteristic protected by applicable law

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Role of the Title IX Volunteer

Role of Advisors

• Pratt’s process allows for a party (complainant / respondent) to be accompanied by an advisor of a party’s choice at each step in the process.
• Advisors are optional UNLESS we are required to conduct a live hearing under the former Title IX and Sexual Misconduct Policy.
• The role of the advisor is to provide procedural (and if applicable personal support) to a party.
• The advisor is restricted to communicating with and assisting their respective party. The advisor cannot speak on the behalf of their party or address the decision maker, investigator, witness or other party UNLESS the parties are participating in a Live Hearing and cross examination is occurring under the former Title IX and Sexual Misconduct Policy.

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Investigations

• Typically the Office of Institutional Equity and Title IX will conduct and manage investigations.
• Investigations are neutral roles that gather and evaluate the facts related to the alleged prohibited conduct.
• Typically investigators are not decision makers.
• Unless an incident is referred to the former Nondiscrimination and Anti-Harassment Policy or non-Title IX harassment is alleged between employees under the former Title IX and Sexual Misconduct Policy.
• Investigations must be thorough.
• The preponderance of evidence standard should not limit the collection and evaluation of evidence.
• Investigators must turn over every stone.

Role of Decision Makers

Role of Decision Makers

• Facilitate processes that determine - using the preponderance of the evidence standard –
• Responsibility for alleged prohibited conduct – i.e the allegations are true or not true.
• Sanctions/remedies for prohibited conduct.
• The merit of an appeal.
• Hearings: Decision makers will determine responsibility through a hearing process. Hearings may be facilitated by a single decision maker or panel of three decision makers. When a panel is selected, on panelist will be designated as chair and will be responsible for facilitating the hearing.
• Appeals: All appeals will be facilitated by a panel of three decision makers.

The Resolution Process Is….

Resolution Under the Policy

• Under the Title IX, Nondiscrimination and Anti-Harassment Policy, Pratt has adopted consistent procedures that respond to all forms of Prohibited Conduct.
• Support Based Resolution
• Informal Resolution
• Formal Resolution
• The Advisor role can participate in either resolution process.
• Decision Makers will participate in the formal resolution path.
• Investigations can occur at any time.
• Volunteers could be asked to assist with facilitating an informal resolution.

Support Based Resolution

• Occurs when a complainant does not want to proceed with any formal action (i.e. investigation / formal resolution).

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• Complainant requests support only.

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• The allegations may or may not be made known to the respondent.

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• This can occur after a informal/formal resolution process has started.

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• Does not prohibit the initiation or continuation of a formal resolution process.

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• An advisor can assist the complainant.

Informal Resolution

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• Informal resolution is an optional process that parties can voluntarily enter in to address a matter outside of formal investigation or hearing.

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• Through informal resolutions the parties decide how they will resolve the matter. Informal resolutions are considered successful if both parties and the Institute agree to the resolution. Informal resolutions cannot be appealed.

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• If a resolution cannot be reached through the informal resolution process, the matter is referred back to the formal resolution process.

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• An advisor can assist parties attempting informal resolution.

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Formal Resolution

• This process is applicable for alleged violations that are not addressed through support or informal resolution.

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• Under the Title IX, Nondiscrimination and Anti-Harassment Policy, this process includes:
• Investigation
• Formal Hearing
• Option for Appeal

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• Procedural elements may differ for alleged violations occurring before August 1, 2024.

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• Our formal procedures are compliant with Title IX grievance process regulations.

Understanding Procedural Differences

The Title IX Coordinator is responsible for navigating these procedures and assigning matters to the relevant procedure.

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It is possible that a case could start in one Process and then be referred to another Process during the resolution process.

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Should this occur the Title IX Coordinator will inform you.

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Preponderance of Evidence

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• Standard used to make decisions = “more likely than not”

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• Under our procedures the preponderance of evidence standard is applied for all decisions:
• Hearing and Appeal

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• This standard cannot and will not be changed based on the severity of the allegations or impact of potential sanctions.

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Typical Procedural Timeframes

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• Investigation and Hearing- 90 business days
• Appeals - 15 business days
• Informal Resolutions - 25 business days �

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Why so long?

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• Investigations must be thorough
• Evidence Review
• Procedural Notice / Steps

Goal of the Hearing

• The goal of hearing is to clarify information that was not clear in an investigation report.

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• The hearing is not designed to re-do an investigation.

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• Determine if a policy violation occurred, using the preponderance of the evidence standard and, if needed, impose sanctions.

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• Introduction of new evidence is permitted at the discretion of the decision maker(s).

Hearing Procedures

Hearings

• Hearings are facilitated by a Decision Maker/Decision Makers
• Hearing are called “Live Hearings.”
• The parties must be able to hear and see each other AND are permitted to ask questions to each other and to witnesses via the Decision Maker.
• Under the Title IX and Sexual Misconduct Policy, direct cross examination by an advisor is permitted.
• The Decision Maker(s) is responsible for approving all questions for relevance before they are asked / answered.
• The Decision Maker(s) can decline to ask a question or not permit a question to be answered by a party or witness.
• If a question is not permitted a verbal rationale must be presented.

Hearing Procedures

• Hearings are scripted and permit:
• Opening/Closing statements
• Rules of decorum
• Question and answers
• Hearings are recorded.
• Hearing participation is optional by the parties and witnesses.
• Advisors may accompany parties (complainants and respondents).
• Needed accommodations will be provided.
• Decision Makers must maintain decorum and follow/enforce all procedures.
• Decision Makers have the authority to not permit irrelevant evidence; set time limits for responses; remove parties/advisors that do not comply with rules

Hearing Decisions

• Decisions are made using the preponderance of the evidence standard.
• Decisions are not made in the moment, but typically within 5 business days.
• Decisions must be supported by evidence.
• Credibility and Plausibility is relevant to decision making.
• Sanctions must remedy the complainant, stop the harassment, and prevent its occurrence.
• Consideration of Impact Statements
• A detailed written rationale for each finding / sanction must be completed.
• This rationale is provided to the parties.

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Appeal Process

• The complainant and respondent can appeal an outcome.
• The former Nondiscrimination and Anti-Harassment Policy did not provide a right to appeal.

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Appeals must be written and are only considered under four grounds:

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1. Procedural Error: A procedural error occurred would change the outcome.

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• New Evidence: New evidence or information has arisen that was not available or known to the party during the investigation or hearing, that would change the outcome.

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• Actual Conflict of Interest or Demonstrated Bias by the Title IX Coordinator, Investigator, Decision-Maker, or others with a role in the process.

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• Unreasonable Sanction: The sanction is objectively unreasonable in light of the facts and circumstances. 

Appeal Process

• For an appeal to proceed, the appealing party must demonstrate to the Title IX Coordinator that they are appealing on one of the appeal grounds.

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• The Title IX Coordinator does not assess the merit of the appeal.

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• Appeals that demonstrate an appeal ground are referred to an Appeals Panel.

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• The Appeals Panel’s role is to evaluate the merit of the appeal.

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• Typically the Appeals Panel:
• Will not re-hear or re-investigate the case.
• Will not meet with the parties.
• Will review evidence or case materials that correlate with the appeal.

Appeals Panel Decisions

• Appeals Panel decisions are made using the preponderance of the evidence standard.
• Typically appeals are decided within 5 business days.

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• A detailed rationale for the appeal decision(s) must be provided to support the decision. This rationale is provided to the parties.

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• If an appeal is upheld, the Appeals Panel will determine next steps.

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• Decisions by the Appeals Panel are final.

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• Remember when serving in the appeal role you have to ground decisions based only on the appeal grounds.
• A disagreement with a hearing decision does not in and of itself support an appeal.

Other Important Procedures

• Review of other violations
• Conflicts of Interest
• Privacy & Confidentiality

Violations of Other Pratt Policies

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Investigations and Hearings may address alleged violations that do not violate the Title IX, Nondiscrimination, and Anti-Harassment Policy that are alleged to have occurred at the time of the alleged discrimination/harassment.

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An investigator and decision maker will be notified and provided direction if this is to occur.

Conflict of Interests

Title IX Volunteers cannot serve on a case if they have a conflict of interest or bias with a party or the case.

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Title IX Volunteers must attest that they can serve on a case without bias or conflict of interest.

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Privacy and Confidentiality

• Parties are not restricted from discussing cases.

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• Title IX Volunteers are expected to keep matters confidential and safeguard documents.

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• All volunteer notes and documents are collected at the conclusion of the process.

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How this all works!

• Report is filed.
• Report is reviewed by Title IX Coordinator.
• If Prohibited Conduct is alleged…
• Title IX Coordinator will contact harmed party.
• Harmed party or Title IX Coordinator will pursue resolution under the policy.
• If your help is needed, you will be contacted.
• We will discuss the case and any conflicts/bias/concerns.
• If selected you will be provided with all information needed to complete your role.
• You have time to prepare for your role and you will be provided guidance.