Wesleyan College is committed to maintaining an environment that addresses and resolves any form of harassment, discrimination, and sexual misconduct, for its community members including students, faculty, staff, administrators, volunteers, vendors, contractors, visitors, and any individuals regularly or temporarily employed, conducting business, studying, living, or having any official capacity with the College or on its property. The College has enacted a Sexual Misconduct Policy to reflect and maintain its institutional values and community expectations, to provide for fair and equitable procedures for determining when the Title IX Policy has been violated, and to provide recourse for individuals and the community in response to violations of the Policy.
The Wesleyan College Sexual Misconduct Policy prohibits all forms of sexual harassment, gender-based discrimination and sexual assault, domestic violence, dating violence, and stalking. The Policy also prohibits retaliation against a person who reports, complains about, or who otherwise participates in good faith in any matter related to the Title IX Policy.
Every member of the Wesleyan College community is expected to uphold the Policy as a matter of mutual respect and fundamental fairness in human relations. Every student has a responsibility to conduct themselves in accordance with the Policy as a condition of continued enrollment. Every employee has a responsibility to conduct themselves in accordance with the Policy as a condition of continued employment. No person shall be retaliated against for reporting violations or concerns about prohibited conduct through appropriate Wesleyan channels.
The Resolution Process begins with the acknowledgment of a Formal Complaint by the Title IX Coordinator or an authorized Designated Official. The College will adhere to the grievance process as stated in the U.S. Department of Education Title IX Final Rule of May 2020 and will investigate every Formal Complaint. If the alleged conduct does not fall under Title IX, the College will address the allegation under Wesleyan’s Code of Conduct or the Faculty or Employee Handbook, where applicable, and provide supportive measures.
“If the conduct alleged in the formal complaint would not constitute sexual harassment as defined in §106.30 even if proved, did not occur in the recipient’s education program or activity, or did not occur against a person in the United States, then the recipient (Title IX Coordinator) must dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX or this part; such a dismissal does not preclude action under another provision of (Wesleyan College’s) code of conduct.
Students, employees (“employees” includes Faculty and Staff), campus visitors, volunteers, mentors, contractors, persons participating in campus activities, programs or services, persons conducting business with the College, or any other Wesleyan Community members who wish to report a concern or Title IX complaint may do so by completing Wesleyan College Sexual Misconduct Incident Form (Title IX) located on the Wesleyan College website on the Compliance Home Page. Reports may be made anonymously. Written complaints of sexual harassment and gender discrimination should be filed with:
Jill Amos
Title IX Coordinator
OSP 205
(478) 757-3800
For additional information on gender-based discrimination, sexual harassment, or sexual assault/violence please see the Wesleyan College Sexual Misconduct Policy.
Employees with complaints of discrimination under this policy have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC):
Sam Nunn Atlanta Federal Center
100 Alabama Street, SW, Suite 4R30
Atlanta, Georgia 30303
Phone: 1-800-669-4000
Fax: 404-562-6909
TTY: 1-800-669-6820
Web: http://www.eeoc.gov
The U.S. Department of Education Title IX Final Rule requires schools to investigate and adjudicate formal complaints of sexual harassment and misconduct “using a grievance process that incorporates due process principles, treats all parties fairly, and reaching reliable responsibility determination.”
Wesleyan College’s grievance process includes:
The College will seek to complete the Grievance and Resolution Process in a timely manner upon receipt of a Formal Complaint, as defined in the Wesleyan College Sexual Misconduct Policy. Investigations may take more time due the complexity and scope of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening College break or holiday, or other unforeseen circumstances. The College will notify the Complainant and Respondent of the expected time frames throughout the process. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.
Retaliation against any person for reporting sexual harassment or discrimination, assisting or participating in the investigation of a complaint, or enforcing College policies with respect to discrimination and/or harassment is strictly prohibited. Reports of Retaliation will be resolved under the Wesleyan College Non-Retaliation Policy and any policies or Handbooks referenced therein.
A Formal Resolution process cannot begin unless a Formal Complaint is filed. A Formal Complaint is “a document filed by a complainant or signed by the Title IX Coordinator, alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment.” (Sec.106.30)
A Complainant must be participating in or attempting to participate in a Wesleyan College education program or activity at the time of filing a Formal Complaint. Notice of a Formal Complaint is actualized upon receipt by the Title IX Coordinator or a member of the Title IX team who then informs the Title IX Coordinator. The College encourages the submission of grievances in writing by email to the Title IX Coordinator or by any other means of written documentation. The Wesleyan College Discrimination, Harassment and Sexual Misconduct Complaint Form is also available for written grievances and is located on the Wesleyan College website: Compliance/Non-Discrimination Statement/Title IX. Completion of the form is not required for reporting.
The Complaint should clearly and concisely describe the alleged incident, when and where it occurred, and the desired remedy sought. The grievance should be signed by the Complainant, or in the case of an email submission, signed electronically. While reports can be submitted anonymously, reporters are encouraged to share as much information as they feel comfortable as more information shared will aid the College in its investigation. Any supporting documentation and evidence should be referenced within the body of the Formal Complaint.
Additionally, the Complainant should submit any supporting materials in writing with the complaint or as quickly as possible after the complaint has been filed. The Complainant will be asked to meet with the Title IX Coordinator for intake information, which will include the option of an Informal Resolution Process to resolve the issue(s) with the individual involved. The Informal Resolution Process will be utilized only if voluntarily agreed upon in writing by both parties; otherwise the Formal Complaint Process will be followed.
In the Formal Complaint Process, the Title IX Coordinator will designate a Title IX Deputy and Title IX Investigator or two Title IX Investigators to conduct the investigation. The Title IX Coordinator will direct the investigation process and confer with appropriate individuals and offices to address any Supportive Measures for the Complainant and/or Respondent, or other necessary remedial short-term actions.
If the conduct alleged in the Formal Complaint would not constitute sexual harassment as defined in the Wesleyan College Sexual Misconduct Policy, even if proved, or did not occur in the College’s education program or activity, or did not occur in the United States, the College must dismiss the Formal Complaint with regard to that conduct for purposes of sexual harassment under the Policy. However, such a dismissal does not preclude action under another provision of the College’s Code of Conduct for students published in the Wesleyan College Student Handbook or the Faculty Handbook or Employee Handbook for faculty and staff.
The College may dismiss the Formal Complaint or any allegations therein, if at any time during the investigation or hearing:
Upon dismissal of the Formal Complaint; either required or permitted, the Title IX Coordinator will promptly send written notice of the dismissal and reasons for the dismissal simultaneously to each Party through Wesleyan email, the College’s official means of communication.
Supportive Measures are defined as “non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed,” according to the Title IX Final Regulations of May 2020 and implemented by Wesleyan College.
Supportive Measures are designed to preserve or restore the Complainant and/or Respondent with equal access to Wesleyan’s education program or activity without unreasonably burdening the other Party, including measures put in place to protect the safety of all parties and/or the Wesleyan campus community, or deter sexual misconduct.
The College will maintain the privacy of any Supportive Measures provided under the Title IX Policy to the extent practicable and will promptly address any violation of the measures. All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by a Supportive Measure. The College will take immediate responsive action to enforce a previously implemented Supportive Measure if a violation occurs.
Supportive measures for Students may include, but are not limited to the following list below and may continue after a case is resolved if it is in the best interest of the Complainant, Respondent, and/or the campus community.
Supportive Measures for Employees include, but are not limited to:
The list of Wesleyan College employees trained as Title IX Advisors will be provided for both the Complainant and Respondent without fee or charge. The Parties may also choose their own Advisor (who is not trained in Title IX policy and procedures) who may, or may not, be an attorney. The Title IX Investigators will inform both parties of the people who have been trained and are recognized by the College as Title IX Advisors.
It is the responsibility of the Complainant and Respondent to communicate with the Advisor regarding allegations, times and dates of meetings, hearings, outcomes and any other information regarding the case. The Title IX team will not discuss the case with the Advisors, but will send information electronically where indicated throughout the Process.
Advisors:
The College does not require the Complainant and Respondent to participate in an Informal Resolution Process and will not offer an Informal Resolution option unless a Formal Complaint is filed. The Title IX Coordinator must provide the Complainant and Respondent with “written notice disclosing: the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.”
The Title IX Coordinator must receive voluntary, written consent from the Complainant and Respondent in order to proceed with an Informal Resolution. The Informal Resolution option involves the Title IX Coordinator and a member of the Title IX team meeting with the Complainant and Respondent individually or at the same time, in-person or virtually. Both the Complainant and Respondent will receive a written summary of information shared and the agreement made as the outcome of the mediation, which is to be signed by the Complainant and Respondent, as well as the Title IX Coordinator and the Deputy or Investigator involved.
The Informal Resolution concludes upon receipt of official notification via Wesleyan College email by the Complainant and Respondent. The Complainant and the Respondent will have 3 business days to disagree with the outcome of the mediation. If either the Complainant or Respondent changes their mind regarding the agreed upon resolution, they must do so in writing or email, and submit it to the Title IX Coordinator by 5:00 PM of the third business day beyond receipt of official notification from the College. The case would then proceed under the Formal Complaint procedures. Should the request not be received in writing or within three business days, the Informal Resolution outcome will be considered final concerning the case.
*The Informal Resolution Process is never an option to resolve allegation that a Wesleyan employee sexually harassed a student. (Sec. 106.45 (b) (9)
If the Title IX Coordinator determines that the Complainant’s report must proceed through Formal Resolution, the Coordinator will contact the Respondent promptly upon meeting with the Complainant to schedule an intake meeting with Respondent to discuss the allegation and explain the Title IX investigation process. Respondent is presumed not responsible for the alleged conduct and any determination regarding responsibility is made at the conclusion of the process.
Consolidation of Formal Complaint (More than one Complainant or Respondent):
The Title IX Coordinator will consolidate Formal Complaints as to allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of sexual harassment arise out of the same facts or circumstances.
The Title IX Coordinator will send written notification through Wesleyan email to both the Complainant and the Respondent to inform them of the Title IX team members who will investigate the case and their Rights in the process.
Rights of Respondent and Complainant include, but are not limited to:
The Title IX Coordinator will select trained internal investigators to conduct a reasonable, impartial, and prompt investigation. Investigators chosen will be based on several factors, including:
The Complainant and Respondent are encouraged to notify the Title IX Coordinator in writing if at any time, either feels that a fair investigation will not be conducted because of the Title IX Investigators managing the case. The Coordinator will evaluate whether the objection is substantiated. The Coordinator will remove and replace any Investigator should the Coordinator find an Investigator to have a bias or conflict with either the Complainant or Respondent. The Coordinator’s decision is final.
The Investigators will commence the investigation after the Complainant and Respondent have been notified of their identity. If there is no objection to the identified Investigators, the Investigators, will proceed to meet with the Complainant to gather detailed information and begin the Investigation process.
The Investigators will interview Complaint first, followed in no particular order, by relevant witnesses, including fact and expert witnesses, and Respondent, to gather documentary evidence provided by both Parties and any identified witnesses. Inculpatory and exculpatory evidence are acceptable during the investigation. The burden of gathering sufficient evidence to reach a determination regarding responsibility rests on the College, not on the Complainant, and not on the Respondent.
The Investigators will prepare a summary of each interview, called an “Interview Summary.” The Investigators will share the Interview Summary with the interviewee. The interviewee will have the opportunity to correct or comment on any statements made in the Interview Summary.
If the interviewee has no corrections or comments to add to the Interview Summary, the interviewee will sign an acknowledgement of review and agreement that the Interview Summary is accurate. Corrections or comments to the Interview Summary will addressed during the time of the review. The Interview Summary will be included in the Investigative Title IX report and will be presumed to be accurate. In all instances in which the Investigators include the Interview Summary as an exhibit to a report, the Investigators will also include any response by the other party, if applicable.
Investigators may use all of the following, if available, but are not limited to:
The College cannot access, consider, disclose, or otherwise use a participating Party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the College obtains that Party’s voluntary, written consent.
No Gag Order. Though Confidentiality is strongly encouraged, the College will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence.
The Investigators may conduct follow-up interviews with both Parties and witnesses based upon testimonial and documentary evidence gathered during Initial Fact-Gathering. The Parties and witnesses can expect the Investigators to seek more in-depth responses to specific questions or information in these follow-up interviews to gather additional evidence. Rebuttal Fact-Gathering may be repeated as necessary to ensure a complete gathering of evidence.
The Investigators will prepare a written summary of the evidence gathered in the course of the Preliminary Investigation, known as the Preliminary Report. Specific factual findings will be stated in the Preliminary Report. This includes information such, “Complainant was incapacitated” or “Respondent believed that Complainant was not incapacitated.” The Preponderance of Evidence standard is used in the College’s investigations, meaning the evidence presented must be considered to be more likely than not to be factual.
The Investigators will not state ultimate findings as to whether the Respondent has or has not violated one or more of the College’s policies, but can make recommended conclusions and recommended findings of fact to the Title IX Coordinator. Responsibility is not presented at this point of the investigation.
The Investigators will include all Interview Summaries and attach any documentary evidence gathered as part of the investigation that is directly related to the allegations in the Formal Complaint, including any evidence upon which the College does not intend to rely on reaching a determination regarding responsibility, and any inculpatory or exculpatory evidence whether obtained from a Party or other source, as exhibits to the Preliminary Report.
The Investigators will submit the completed Preliminary Report the Title IX Coordinator. The Coordinator may require the Investigators to conduct additional investigation. If this is the case, the Investigators will conduct additional investigation consistent with the aforementioned procedures.
The Title IX Coordinator will send the Preliminary Report to the Complainant and Respondent and their Advisors, if any, for review, by way of Wesleyan email, upon conclusion that the Preliminary Report is complete. Each will be reminded of Confidentiality and neither the Complainant, nor the Respondent, nor their Advisors, including but not limited to family members, friends, and/or legal counsel, may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.
Non-Disclosure Agreement: The College may require a non-disclosure agreement with the Complainant, Respondent, all witnesses, and Advisors, not to disseminate any of the evidence subject to inspection and review in the Preliminary Report and Final Report. Though Confidentiality is strongly encouraged, the College will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence.
The Complainant and Respondent will have 10 consecutive days, upon date of receipt of the Preliminary Report, to submit any response of being notified of their opportunity to review the report. The Parties may respond in one or three of the following ways:
If neither Party requests additional investigation, the Investigators will prepare the Investigative Report. If either (or both) Parties request additional investigation, the Investigators will review the request(s) in consultation with the Coordinator. The Investigators will conduct the requested additional investigation if the Investigators, in consultation with the Title IX Coordinator, determine that the request(s) will assist the Investigators in conducting a more thorough investigation.
Addendum: The Investigators and Title IX Coordinator will assess whether investigation of the additional information requires a substantial deviation from the recommended timeframe for completion of the investigation. If this is the case, (a) the Coordinator will notify the Parties in writing of the anticipated revised timeframe, and (b) the Investigators will conduct further investigation and prepare an Addendum to the Preliminary Report to be submitted to the Title IX Coordinator.
The Investigators will prepare the Investigative Report upon completion of the Investigation, including any and all Addenda.
The Investigators will prepare the Investigative Report, which summarizes facts gathered and explanation of the process from receipt of the Formal Complaint by the Title IX Coordinator, including dates and all relevant evidence presented, the Preliminary Report and Addendum, if any, name of witnesses and information gather from interviews, recommended findings, and any information that directly affects the outcome of the investigation, including time delays and reasons, and submit it to the Title IX Coordinator. The report does not include statement of Responsibility.
The Title IX Coordinator will send the Investigative Report to the Complainant and the Complainant’s Advisor, if any, and to the Respondent and the Respondent’s Advisor, if any, by way of Wesleyan College email. The Complainant and Respondent will have 10 days upon receipt of the Investigative Report to review and provide a written response of agreement or disagreement of accuracy of the information therein, to the Title IX Coordinator.
After 10 days, the Coordinator will schedule a meeting with the Complainant and Respondent individually and discuss the resolution options: (1) Informal Resolution or (2) Live Hearing. The parties must confirm their decision in writing.
i. Determination of responsibility, including identification of the allegations which constitute sexual harassment or sexual misconduct;
ii. Procedural steps taken from the receipt of the Formal Complaint through the determination including notifications to the Parties, interviews with the Parties, witnesses, site visits, and methods used to gather information;
iii. Findings of facts supporting the determination; and
iv. Conclusions regarding the application of the College’s Code of Conduct to the facts;
v. A statement of, and rationale for, the result as to each allegation, including a determination regarding Responsibility, any disciplinary sanctions the College imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the Complainant.
vi. Description of permissible procedures for appeal.
Both Parties will have the opportunity to submit a written Appeal from a determination regarding Responsibility, and concerning the College’s dismissal of a Formal Complaint or any allegations therein. The Respondent or the Complainant may appeal the decision of the Hearing Panel within 5 (five) consecutive days of the receipt of the decision. Appeals must be in writing and based on one of the following grounds for appeal and specifically stated in the written appeal.
Grounds for Appeals: (A) Procedural irregularity that affected the outcome of the matter; (B) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and (C) The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
Requirements of Appeals: The Title IX Coordinator will
(A) Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;
(B) Ensure that the Decision-Maker for the Appeal is not the same person as the Decision-Maker that reached the determination regarding responsibility or dismissal, the investigators, or the Title IX Coordinator;
(C) Ensure that the Decision-Maker for the Appeal complies with the standards set forth for Appeals under the Title IX guidelines;
(D) Give both Parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
(E) Issue a written decision describing the result of the appeal and the rationale for the result; and
(F) Provide the written decision simultaneously to both parties by Wesleyan email.
Appeals Board: Appeals for cases arising under this Policy will be heard by an Appeals Board. The Title IX Coordinator will appoint an Appeals Board of not less than three College employees who have received Title IX training. These individuals will not have been previously associated with the investigation as witnesses, Advisors, Hearing Panel Members, or members of the Title IX team working on the case.
The Appeals Board will have access to all documents including, but not limited to: Recordings, both audio and video, communications, including electronic and non-electronic written documents, Preliminary Report, Investigative Report, responses to reports, Addenda, and any other documents associated with the case that are not made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the College obtains that Party’s voluntary, written consent.
If the Appeals Board determines that a ground for appeal is substantiated, the case will be returned to the Coordinator. Otherwise, the decision of the Hearing Panel is final. When a case is returned to the Coordinator, the Coordinator may:
Limitation on Grounds of Appeals: The Complainant may appeal on the ground that the remedies are not designed to restore or preserve the Complainant’s access to the College’s education program or activity, but the Complainant is not entitled to a particular sanction against the Respondent. (Sec.106.45 (b) (5)
The following are possible sanctions which may be assigned after a finding of Responsibility. This list is not exhaustive and may be modified to meet the particular circumstances of any given case.
Title IX Records will be maintained for 7 (seven) years and in accordance with the College’s Records Retention Policy. Title IX records include:
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