JESSUP UNIVERSITY SEXUAL DISCRIMINATION AND HARASSMENT(TITLE IX) POLICY
Effective: May 1, 2024

JESSUP UNIVERSITYSEXUAL DISCRIMINATION AND HARASSMENT (TITLE IX) POLICY
Published May 1, 2024
AUTHORED BY: JESSUP UNIVERSITY
BASED IN PART ON THE ATIXA 2021 TWO POLICIES, ONE PROCEDURE MODEL@2021 ATIXA. USED WITH PERMISSION.

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Table of Contents
Table of Contents.................................................................................................................................................. 3
INTRODUCTION.............................................................................................................................................1
Policy Statement and Rationale................................................................................................................ 1
Applicable Law.......................................................................................................................................... 1
Jurisdiction (People and Places Covered by this Policy)...........................................................................2
University Title IX Coordinator...................................................................................................................3
Title IX Team Contact Information:...................................................................................................... 4
Dissemination and Publication of Policy....................................................................................................5
PROHIBITED CONDUCT AND RELATED DEFINITIONS..............................................................................6
Sex Discrimination.....................................................................................................................................6
Sexual Harassment................................................................................................................................... 6
Sexual Assault (Title IX)............................................................................................................................ 7
Sexual Violence (California Education Code)............................................................................................8
Dating Violence......................................................................................................................................... 8
Domestic Violence.....................................................................................................................................8
Stalking......................................................................................................................................................8
Sexual Exploitation.................................................................................................................................... 9
Force......................................................................................................................................................... 9
Coercion.................................................................................................................................................... 9Affirmative Consent................................................................................................................................. 10
Incapacitation.......................................................................................................................................... 10
Online Harassment and Misconduct........................................................................................................11
Unethical Relationships........................................................................................................................... 11
Retaliation................................................................................................................................................12
HOW TO REPORT PROHIBITED CONDUCT..............................................................................................12
Reporting to the Jessup Title IX Coordinator...........................................................................................13
Reporting to a Jessup Designated Reporter (“Responsible Employee”).................................................13
Reporting to Law Enforcement and Local Community Resources.......................................................... 14
Consulting Confidential Resources (Licensed Counselors).................................................................... 15
Filing a Complaint Against Jessup.......................................................................................................... 16
Anonymous Reports................................................................................................................................ 16
Confidentiality of Reports........................................................................................................................ 17
Reports Involving Third Parties............................................................................................................... 17
Immunity for Related Disciplinary Matters............................................................................................... 17
Time Limits on Reporting.........................................................................................................................18
Other Statutory Reporting........................................................................................................................18
HOW JESSUP WILL RESPOND.................................................................................................................. 18
PRELIMINARY ASSESSMENT...............................................................................................................18
Student Confidentiality; Requests That No Investigation Be Made................................................... 20
Supportive Measures.........................................................................................................................213

Violence Risk Assessment; Emergency Removal............................................................................. 21
GRIEVANCE AND RESOLUTION PROCESS........................................................................................ 22
Formal Complaints.................................................................................................................................. 23
Dismissal of Formal Complaints........................................................................................................ 24
Investigation of Formal Complaints......................................................................................................... 25
Notice of Investigation and Allegations..............................................................................................25
Investigation Process and Timeline................................................................................................... 26
Informal Resolution..................................................................................................................................29
Options for Informal Resolution:........................................................................................................ 29
Formal Grievance Process...................................................................................................................... 30
Appeals....................................................................................................................................................30
When Respondent Accepts Responsibility..............................................................................................31
When Respondent Withdraws from Jessup Before Resolution...............................................................31
Student Respondent(s)......................................................................................................................31
Employee Respondent(s).................................................................................................................. 32
POST-RESOLUTION CONSIDERATIONS................................................................................................... 32
Long-Term Remedies and Responsive Actions.......................................................................................32
Failure to Comply with Sanctions and/or Responsive Actions................................................................ 32
Retention of Records; Discovery............................................................................................................. 33
Revisions to this Policy............................................................................................................................33
APPENDIX A: Glossary.................................................................................................................................34
Advisor...............................................................................................................................................35
Appeal Officer.................................................................................................................................... 35
Applicant............................................................................................................................................35
Complainant...................................................................................................................................... 35
Confidential Resource....................................................................................................................... 35
Decision-Maker..................................................................................................................................36
Designated Reporter......................................................................................................................... 36
Employee...........................................................................................................................................36
Final Determination........................................................................................................................... 36
Formal Complaint.............................................................................................................................. 36
Formal Grievance Process................................................................................................................ 36
Title IX Grievance Pool...................................................................................................................... 37
Hearing Officer.................................................................................................................................. 37
Informal Resolution............................................................................................................................37
Investigator........................................................................................................................................ 37
Parties............................................................................................................................................... 37
Report of Discrimination or Harassment............................................................................................37
Respondent....................................................................................................................................... 38
Responsible Employee......................................................................................................................38
Supportive Measures.........................................................................................................................38
Standard of Evidence........................................................................................................................ 38
Student.............................................................................................................................................. 38
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Third Party......................................................................................................................................... 38
Witness..............................................................................................................................................38
APPENDIX B: Sanctions and Responsive Actions....................................................................................... 40
Student Sanctions................................................................................................................................... 40
Student Organization Sanctions.............................................................................................................. 42
Other Responsive Actions....................................................................................................................... 43
Employee Disciplinary Actions................................................................................................................ 43
APPENDIX C: Advisors.................................................................................................................................44
Who Can Serve as an Advisor................................................................................................................ 44
General Expectations of Advisors........................................................................................................... 45
Advisor’s Role in Meetings, Interviews and Hearings............................................................................. 45
Communication with Advisor................................................................................................................... 46
Appendix D: Informal Resolution Process.....................................................................................................47
Appendix E: Formal Grievance Process....................................................................................................... 49
Formal Grievance Process Pool..............................................................................................................49
Hearing Process...................................................................................................................................... 49
Notice of Hearing.....................................................................................................................................50
Pre-Hearing Preparation..........................................................................................................................51
Pre-Hearing Meetings..............................................................................................................................51
Hearing Procedure and Recording.......................................................................................................... 52
Order of Hearing......................................................................................................................................52
Deliberation............................................................................................................................................. 54
Notice of Outcome...................................................................................................................................54
Resolution Timeline................................................................................................................................. 55
Separate Hearing Rooms........................................................................................................................ 55
Remote Hearings.....................................................................................................................................55
Joint Hearings..........................................................................................................................................56
Evidentiary Considerations......................................................................................................................56
Appendix F: Appeals..................................................................................................................................... 56
Timeliness............................................................................................................................................... 57
Grounds for Appeal................................................................................................................................. 57
Appeal Considerations............................................................................................................................ 58
Status of Sanctions Pending Appeal....................................................................................................... 59
Appendix G: False or Malicious Allegations and Retaliation......................................................................... 60
Appendix H: Required Trainings....................................................................................................................61

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INTRODUCTION
Policy Statement and Rationale
Jessup University (“Jessup”) affirms that both men and women are created in the image of God andshould be treated with equal dignity and honor. Jessup also acknowledges the applicability of certain
federal and state laws that prohibit sexual discrimination and harassment within the Jessup
community. Therefore Jessup is committed to providing a workplace and educational environmentthat is free from unlawful sexual discrimination and harassment and to providing a prompt, fair, andimpartial process to redress such discrimination or harassment when it occurs. Jessup does notunlawfully discriminate on the basis of sex and prohibits sex discrimination in any education program
or activity that it operates, including admission and employment.

Applicable Law
This policy implements the requirements of Title IX of the Education Amendments of 1972 (“Title IX”)
and California’s Equity in Higher Education Act, set forth at §§66262.5 and 66281.8 of the California
Education Code (codifying SB 493 and hereinafter generally referred to as, “The California Education
Code”), along with applicable correlating statutes and regulations.
Title IX prohibits discrimination based on sex in education programs or activities that receive Federal
financial assistance. Jessup receives federal funds (for example, Jessup receives federal funds
through loans extended to its students and occasional emergency relief aid such as the CARES Act).
Therefore, unless inconsistent with Jessup’s religious tenets, Jessup is required to comply with Title
IX and the regulations promulgated under it.
The California Education Code (specifically, §§66262.5 and 66281.8 codifying SB 493) further
prohibits discrimination based on sex in education programs or activities conducted by universities
operating in California. Those provisions provide procedures and remedies to redress grievances
based on sex discrimination and harassment that are supplemental to Title IX. As a California
university, Jessup is governed by California Education Code §§66262.5 and 66281.8 except to theextent those provisions are inconsistent with Jessup’s religious tenets.
As a Christian non-profit university, Jessup is exempt from any and all provisions of Title IX and theCalifornia Education Code that conflict with Jessup’s religious beliefs and practices, including but notlimited to provisions applicable to marriage, sexual activity, sex (gender), gender identity, sexual
orientation, pregnancy, parenting, and abortion. Nothing in this policy shall be construed as a waiverof Jessup’s exemption or legal defenses based on its religious beliefs or any limitation on Jessup’s

1right to make and enforce policies in furtherance of its religious beliefs or to uphold and apply thosebeliefs in all Jessup activities.
It is important to note that this Policy does not cover Jessup’s compliance with the Jeanne Clery
Disclosure of Campus Safety Policy and Campus Crime Statistics Act (20 USC §1092(f)) (“CleryAct”), which requires disclosure of information about crime on and around the Jessup campus, andrecent amendments under the Campus SaVE Act and Violence Against Women Act, which also deal
with incidents of sexual assault, domestic violence, dating violence, and stalking. Inquiries about
Jessup’s compliance with and administration of the Clery Act and Violence Against Women Act may
be directed to:
Jessup University Campus Safety
JESSUP UNIVERSITY
2121 University Ave
Rocklin, CA 95765
security@jessup.edu
Non-Emergency Line: (916) 577-7070
Nothing in this policy shall be construed to infringe on any person’s rights under other provisions oflaw governing Civil Rights or Education, including but not limited to Title VII of the Civil Rights Act of1964, 42 U.S.C. 2000(e) et seq. and the Family Educational Rights and Privacy Act, 20 U.S.C.
1232(g) et seq. Inquiries about Jessup’s policies implementing the requirements of those laws may
be directed to:
Linda Giusti
Associate Vice President of Human Resourceslgiusti@jessup.edu

Jurisdiction (People and Places Covered by this Policy)
All members of the Jessup community, including students, employees, volunteers who regularlyinteract with students, and individuals or entities under contract with Jessup to perform any service
involving regular interaction with Jessup students have rights and obligations under this policy,
including the requirement to comply with all applicable local, state and federal laws and regulations
related to sex discrimination and harassment.
The procedures followed by Jessup when responding to grievances and violations under this policy
may differ according to the applicable law and the roles of the parties involved.
In order for the grievance process set forth in this policy to apply, the Respondent must be a current
member of the Jessup community. However, even where the alleged perpetrator of sexual2discrimination or harassment is not a current member of the Jessup community, or when his or her
identity is unknown, the Title IX Coordinator will facilitate a response to the Complainant’s report ofdiscrimination or harassment by assisting the Complainant in obtaining supportive measures andidentifying institutional and local resources as needed.
Implementing the applicable provisions of Title IX, this Policy covers:a. All participants in any Jessup undergraduate, graduate, professional and vocational
programs and activities, including but not limited to admissions, recruitment, andemployment and all academic, extracurricular, research, occupational training programs
and activities within the United States.
b. Conduct occurring in any location within the United States that is owned or controlled bya student organization that is officially recognized by Jessup, and/or conduct that is
subject to Jessup’s disciplinary authority.
Implementing the applicable provisions of the California Education Code, this Policy covers:c. Additional responses by Jessup to incidents of sexual discrimination or harassment
involving individuals subject to Jessup’s policies that occur in connection with any
educational activity or other program of Jessup based on the additional definitions ofprohibited conduct provided in the California Education Code.
d. Incidents of sexual discrimination or harassment that occur outside of Jessup’s
educational programs or activities if, based on the allegations, there is any reason tobelieve that the incident(s) could contribute to a hostile educational environment orotherwise interfere with a student’s access to education based on the definitions set
forth in the applicable provisions of the California Education Code.
When sexual misconduct falls outside the jurisdiction of this Policy and/or is not prohibited by Federal,
State, or Local law, Jessup may still impose discipline under other policies as set forth in the Jessup
Community Covenant, Employee Handbook, Faculty Manual, Student Handbook, Student Code of
Conduct or other Jessup governing document.

University Title IX Coordinator
Jessup has designated an employee, known as the Title IX Coordinator, to carry out Jessup’s
response to sex discrimination and harassment under this policy and to coordinate Jessup’s
compliance with Title IX and the California Education Code. The Title IX Coordinator has the primary
responsibility for coordinating Jessup’s intake, investigation, resolution, and provision of supportive
measures to stop, remedy, and prevent sexual discrimination and harassment as prohibited under
this policy.
The Title IX Coordinator shall be adequately trained on what constitutes sexual harassment and on
trauma-informed investigatory and hearing practices, and shall understand how Jessup’s grievanceprocedures operate. The Title IX Coordinator acts with independence and is trained to ensure a3

response that is free from bias for or against any party in a complaint. The Title IX Coordinator may
oversee a team of Title IX Deputies and/or a Title IX Pool of Decision Makers, Investigators and otherindividuals to facilitate Jessup’s implementation of this policy. The Title IX Coordinator may delegate
all or a portion of the tasks necessary to fulfill obligations under this Policy to an outside contractor
who is competent to perform such tasks, including but not limited to the performance ofinvestigations, hearings and appeals.
Title IX Team Contact Information:
Title IX Coordinator
Megan W. Fera, J.D.
JESSUP UNIVERSITY
2121 University Ave
Rocklin, CA 95765
titleix@jessup.edu(916) 577-7058
Title IX Deputies
For Employees:
Linda Giusti
Associate Vice President of Human Resourceslgiusti@jessup.edu

For Rocklin Students:
Dr. Mary Ann McMillan
Director of Student Conduct
mmcmillan@jessup.edu

Brandon Farmer
Director of Student Lifebfarmer@jessup.edu

For Rocklin Athletics:
Baiba Celma
Assistant Athletic Director of Compliancebcelma@jessup.edu

4For San Jose Students:
Megan W. Fera, J.D.
JESSUP UNIVERSITY
2121 University Ave
Rocklin, CA 95765
titleix@jessup.edu(916) 577-7058
For Multnomah Students:
Caden Lowman
Director of Residential Life and Community Standards
cadenlowman@multnomah.edu
For Multnomah Athletics:
Sarah Parker
Assistant Athletic Director
sarahparker@multnomah.edu
For Jessup Online:
Dr. Linda Somerville
Associate Vice President of PACE
lsommerville@jessup.edu

Dissemination and Publication of Policy
Jessup shall publish a notice of nondiscrimination along with this Policy on the Jessup website withthe contact information for the Title IX Coordinator prominently displayed. A copy of this Policy (and/or
links thereto) shall be displayed in a prominent location on the Jessup campus.
Jessup shall notify all applicants for admission and employment and all students, employees, andunions or professional organizations holding collective bargaining or professional agreements with
Jessup and all volunteers who will regularly interact with students and each individual or entity undercontract with Jessup to perform any service involving regular interaction with students at Jessup thatit does not discriminate on the basis of sex in its education programs and activities and that it is5required by Title IX not to discriminate in such a manner. Jessup shall disseminate a notice ofnondiscrimination to all Jessup employees and volunteers who regularly interact with students, andeach individual or entity under contract with Jessup to perform any service involving regularinteraction with Jessup students. Jessup shall provide a link to this policy and include the contact
information for the Title IX Coordinator and the notice of Jessup’s policy of non-discrimination in eachhandbook or catalog that it makes available to the individuals listed in this paragraph and in any other
Jessup publication that sets forth Jessup’s comprehensive rules, regulations, procedures andstandards of conduct. Jessup shall provide a copy of this Policy to each new student as part of any
orientation program conducted for new students at the beginning of each academic session and toeach faculty member, all members of the administrative staff, and all members of the support staff at
the beginning of the first academic session of the school year, and at the time that there is a new
employee hired.
Jessup shall further publish through its website and notify all individuals listed above of Jessup’s
grievance procedure and grievance process, including how to report or file a complaint of sex
discrimination, how to report or file a formal complaint of sexual harassment, how Jessup will
respond, and the timelines involved in Jessup’s complaint process.

PROHIBITED CONDUCT AND RELATED DEFINITIONS
All members of the Jessup community are entitled to an employment and educational environmentthat is free from sexual discrimination and harassment. This Policy is not meant to inhibit or prohibit
educational content or discussions inside or outside the classroom that include germane, but
controversial or sensitive subject matters protected by academic freedom. When speech or conduct is
protected by academic freedom or the First Amendment, it will not be considered a violation of thisPolicy but appropriate supportive measures will still be provided to those involved.
Jessup reserves the right to impose any level of sanction, up to and including expulsion/termination in
response to a finding of responsibility for prohibited conduct under this Policy.
The following conduct is prohibited under this policy:

Sex Discrimination
Sex Discrimination is defined as actions that substantially and materially deprive, limit or deny amember of the Jessup community of educational or employment access, benefits or opportunities
including disparate treatment, based on the individual’s sex. The California Education Code includes
Sexual Harassment of students as a form of Sexual Discrimination.

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Sexual Harassment
Title IX defines sexual harassment as conduct on the basis of sex that includes one or more of thefollowing:1) Quid Pro Quo: A Jessup employee conditioning the provision of an aid, benefit, or service ofJessup on an individual’s participation in unwelcome sexual conduct;
2) Sexual Harassment: Unwelcome conduct that a reasonable person would determine to be sosevere, pervasive, and objectively offensive that it effectively denies a person equal access toJessup’s education program or activity;
3) Sexual assault, dating violence, domestic violence, or stalking as defined in this Policy, theClery Act and Violence Against Women Act.
Additionally, the California Education Code defines sexual harassment as unwelcome sexual
advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature,
made by someone from or in the work or educational setting, under any of the following conditions:1) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's
employment, academic status, or progress.
2) Submission to, or rejection of, the conduct by the individual is used as the basis of employment
or academic decisions affecting the individual.
3) The conduct has the purpose or effect of having a negative impact upon the individual's workor academic performance, or of creating an intimidating, hostile, or offensive work or
educational environment.
4) Submission to, or rejection of, the conduct by the individual is used as the basis for any
decision affecting the individual regarding benefits and services, honors, programs, or activities
available at or through the educational institution.
Under the California Education Code, sexual harassment includes sexual battery, sexual violence,and sexual exploitation.

Sexual Assault (Title IX)
Title IX defines sexual assault as any offense classified as a forcible or non-forcible sex offense under
the Clery Act (20 U.S.C. §1092(f); 34 CFR 668.46) and/or the Violence Against Women Act. Under
Title IX, sexual assault includes any sexual act directed against another person, without the consent
of the victim, including instances where the victim is incapable of giving consent.
Under Title IX, sexual assault includes:71. Rape: The penetration, no matter how slight, of the vagina or anus with any body part orobject, or oral penetration or copulation by a sex organ of another person, without the consent
of the victim.
2. Fondling: The touching of the private body parts of another person for the purpose of sexual
gratification, without the consent of the victim, including instances where the victim is incapableof giving consent because of his or her age (below the statutory age of 18) or because of his or
her temporary or permanent mental incapacity.
3. Incest: Sexual intercourse between persons who are related to each other within the degrees
wherein marriage is prohibited by law.
4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent(18 years old).

Sexual Violence (California Education Code)
The California Education Code defines sexual violence as any physical sexual act perpetrated
against a person without the person’s affirmative consent.
Sexual violence includes:
1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part orobject, or oral copulation of a sex organ by another person, without the consent of the victim.
2. Sexual Battery: Sexual battery is the intentional touching of another person’s intimate parts
without consent, intentionally causing a person to touch the intimate parts of another without
consent, or using a person’s own intimate part to intentionally touch another person’s bodywithout consent.

Dating Violence
Dating Violence is violence committed by a person: (A) who is or has been in a social relationship of aromantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be
determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The
type of relationship. (iii) The frequency of interaction between the persons involved in the relationship.

Domestic Violence8Domestic Violence is a felony or misdemeanor crime of violence committed by a current or former
spouse or intimate partner of the victim, by a person with whom the victim shares a child in common,by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate
partner, by a person similarly situated to a spouse of the victim under the domestic or family violencelaws of the state of California or by any other person against an adult or youth victim who is protectedfrom that person’s acts under the domestic or family violence laws of the state of California.

Stalking
Stalking means engaging in a course of conduct directed at a specific person that would cause areasonable person to: (A) fear for his or her safety or the safety of others; or (B) suffer substantial
emotional distress. For the purpose of this definition:● “Course of conduct” means two or more acts, including but not limited to acts in which thestalker directly, indirectly, or through third parties, by any action, method, device, or means,follows, monitors, observes ,surveils, threatens or communicates to or about a person, orinterferes with a person’s property. Such actions may be committed over electronic
communication (e.g. emails, text messages, or social media).
● “Reasonable person” means a reasonable person under similar circumstances and with similar
identities to the victim.
● “Substantial emotional distress” means significant mental suffering or anguish that may, butdoes not necessarily require medical or other professional treatment or counseling.

Sexual Exploitation
The California Education Code defines Sexual Exploitation as taking sexual advantage of anotherperson for the benefit of anyone other than that person without that person’s consent, including but
not limited to, any of the following acts:
1. Prostituting another person.
2. Trafficking another person, defined as: the inducement of a person to perform a commercial
sex act, or labor or services, through force, fraud, or coercion.
3. Recording images, including video or photograph, or audio of another person’s sexual activity
or intimate parts, without that person’s consent.
4. Distribution of images, including video or photograph, or audio of another person’s sexual
activity or intimate parts, if the individual distributing the images or audio knows or should have
known that the person depicted in the images or audio did not consent to the disclosure.
5. Viewing another person’s sexual activity or intimate parts, in a place where that other person
would have a reasonable expectation of privacy, without that person’s consent, for the purposeof arousing or gratifying sexual desire.

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As used in this Policy, the following statutory definitions apply:

Force
Force is the use of physical violence and/or physical imposition to gain sexual access. Forceincludes, but is not limited to: threats, intimidation, and coercion with the intention to overcome
resistance or produce consent that would otherwise be withheld. When sexual activity is conductedby means of force, the sexual activity is conducted without consent (non-consensual).

Coercion
Coercion is unreasonable pressure to engage in sexual activity. Coercion differs from seduction
based on factors such as the type and/or extent of pressure used to engage in sexual activity. Whena party makes clear that they do not want to engage in a sexual activity, that they want to stop
engaging in a sexual activity, or that they do not want to go past a certain point of sexual interaction,
continued pressure to engage in the activity can constitute coercion.

Affirmative Consent
Affirmative consent is affirmative, conscious, voluntary, agreement to engage in specific sexual
activity. Consent may be expressed by words or implied by actions, such as reciprocation of specificconduct. Individuals may perceive and experience the same interaction in differing ways. Therefore,
it is the responsibility of each party to a sexual activity to confirm that the other has given consent
before engaging in the activity.
Consent that has been given can be withdrawn when the withdrawal of consent is reasonably andclearly communicated. If consent is withdrawn, the sexual activity must cease immediately.
Consent to some sexual contact cannot be taken as consent to other sexual activity. A current or
previous sexual relationship is not sufficient to constitute consent for present or future sexual activity.
When a party expresses conditions on his or her consent to sexual activity (such as using a condom),or limitations on the scope of his or her consent, the consent given is confined to that party’s
conditions and limitations.
Jessup will determine the existence of consent based on the totality of the circumstances evaluatedfrom the perspective of a reasonable person in the same or similar circumstances, including thecontext in which the alleged misconduct occurred and any similar and previous patterns that may beevidenced.

10Incapacitation
Consent cannot be given by a party who is incapacitated.
Incapacitation is the inability to know or understand what is happening when engaging in sexual
activity. Incapacitation occurs when a party is unable to make the rational, reasonable decisions
necessary to give consent to sexual activity due to being disoriented, helpless, asleep, or
unconscious for any reason including due to alcohol or drug use.
It is not a valid defense to a complaint of sexual misconduct under this Policy for a Respondent toclaim that he or she believed the Complainant gave affirmative consent to sexual activity if the
Respondent knew or reasonably should have known that the Complainant was unable to giveconsent due to any of the following:1) The Complainant was asleep or otherwise unconscious.
2) The Complainant was incapacitated, including incapacitation due to the influence ofdrugs, alcohol, or medication.
3) The Complainant was unable to understand or communicate due to a mental or physicalcondition.
4) The Complainant’s age was lower than the legal age of consent (a minor).
It is not a valid defense to a complaint of sexual misconduct under this Policy for a Respondent toclaim that he or she believed that the Complainant gave affirmative consent to sexual activity under
any of the following circumstances:
1) The Respondent’s perception of affirmative consent arose from the Respondent’s own
intoxication or recklessness.
2) The Respondent failed to take reasonable action, under the circumstances known to the
Respondent at the time, to ascertain whether the Complainant had capacity to give consent.

Online Harassment and Misconduct
The conduct prohibited by this policy includes online conduct when the online conduct occurs in thecourse of Jessup’s education programs or activities, when the conduct is shown to create a
sex-based hostile education environment in Jessup’s programs or activities, or when it involves theuse of Jessup networks, technology, and equipment. Although Jessup may not control websites,
social media, or other venues through which harassing conduct may occur, when such conduct isreported to Jessup, Jessup will implement the provisions of this policy to address and mitigate theeffects of such conduct to the extent it is reasonably possible to do so.
Members of the Jessup community are expected to be good digital citizens and to refrain from online
misconduct, including but not limited to online stalking, sharing sexual content via social media,
11sending unwelcome sexual or sex-based messaging, distributing, or threatening to distribute, nude,semi-nude or sexual photos or recordings, breaches of privacy or otherwise using online means tocommit misconduct under this policy.
Online activity by members of the Jessup community that does not fall under the jurisdiction of thispolicy may still be subject to discipline under other policies governing the Jessup community.

Unethical Relationships
A romantic or sexual relationship between individuals in unequal roles (such as a faculty member andstudent or supervisor and employee) carries an inherent risk of non-consensual contact. Consent tosexual contact may be less voluntary than the individual whose position confers power or authority
perceives. Similarly, the relationship may be viewed in different ways by each of the parties,
particularly in retrospect or as circumstances change. Such relationships may also violate applicablestandards of professionalism and/or professional ethics. Consistent with its goal to establish
educational and work environments which emphasize individual responsibility, Jessup does notprescribe a formal guideline governing romantic relationships among members of the academic
community. However, Jessup generally discourages romantic or sexual relationships in which power
differentials are inherent. Romantic relationships between faculty and students, and superiors andsubordinates are almost always inappropriate and therefore, strongly discouraged. Any employee in asupervisory role who enters into such a relationship must report the relationship to his or her own
supervisor and have the supervisory role changed. Please refer to the Employee Manual or consult
the Title IX Coordinator for more information as needed.

Retaliation
Retaliation means intimidation, threats, coercion, or discrimination against any individual for the
purpose of interfering with any right or privilege secured by Title IX or SB 493, or because theindividual has made a report or complaint under this policy, Title IX or SB 493, or because theindividual has testified, assisted, or participated or refused to participate in any manner in an
investigation, proceeding, or hearing under this policy, Title IX or SB 493. Retaliation includes, but is
not limited to, charges against an individual for code of conduct violations and/or reports or formal
complaints of sexual harassment brought for the purpose of interfering with any right or privilege
secured by Title IX or SB 493.
Retaliation does not include the exercise of rights protected by the First Amendment or the charging
of an individual with code of conduct violations for making a materially false statement in bad faith in
the course of a grievance proceeding under this policy.
Jessup shall not permit retaliation against any individual asserting rights or participating in procedures
set forth under this policy.
12Complaints of retaliation may be reported according to the complaint and grievance procedures forsex discrimination and harassment set forth in this policy.

HOW TO REPORT PROHIBITED CONDUCTIN CASE OF IMMEDIATE DANGER, PLEASE CALL 911 AND CAMPUS SAFETY.
Everyone is encouraged to report sexual discrimination or harassment under this Policy. Parties andwitnesses can make reports within the University or to outside community resource providers. In
many circumstances, those who report misconduct may remain anonymous if preferred.
The following paragraphs describe several ways to report misconduct under this policy, including
reports to the Jessup Title IX Coordinator, Jessup Designated Reporters, licensed counselors, local
law enforcement and a variety of community resources. This section also describes ways to makeconfidential and/or anonymous reports and the option of immunity from disciplinary sanctions when
student conduct violations must be disclosed in the process of making a report.

Reporting to the Jessup Title IX Coordinator
Jessup has designated an employee, known as the Title IX Coordinator, to respond to sex
discrimination and harassment under this Policy. The Title IX Coordinator can assess possible
incidents of prohibited conduct under this Policy, provide supportive measures to parties affected byprohibited conduct, and oversee the grievance processes set forth in this Policy.
Any person may make a report or ask questions about this Policy by contacting the Title IX
Coordinator using the contact information listed below. A report or question may be submitted at any
time by email, phone call, U.S. mail, or by completing the online reporting form. Reports andquestions may be submitted anonymously, but anonymity will limit Jessup’s ability to respond, as
described below.
Jessup’s Title IX Coordinator may be reached here:
Megan W. Fera, J.D.
JESSUP UNIVERSITY
2121 University Ave
Rocklin, CA 95765
titleix@jessup.edu(916) 577-7058
13

Reporting to a Jessup Designated Reporter (“Responsible Employee”)
Another way to report an incident of sexual discrimination or harassment is to tell a DesignatedReporter. Designated Reporters are Jessup employees who have authority to take action to redress
sexual harassment or provide supportive measures to students. Designated Reporters are required
under California law to report incidents of sexual discrimination and harassment to the Title IX
Coordinator.
Designated Reporters include:● The Title IX Coordinator and his/her designees● Residential advisors (while performing the duties of their Jessup employment)● Campus ministry leaders, unless specifically designated as Confidential Resources under thispolicy● Housing directors, coordinators or directors● Student life directors, coordinators or deans● Athletic directors and coordinators● Coaches of any student athletic or academic team● Faculty and associate faculty, adjunct professors, instructors or lecturers● Graduate student instructors (while performing the duties of their Jessup employment)● Laboratory directors, coordinators or principle investigators● Internship or externship directors or coordinators● Study abroad program directors or coordinators● Academic success coaches● Student conduct officers
When a Designated Reporter learns of an incident of prohibited conduct, either through observationor through an individual’s direct sharing, the Designated Reporter is required to notify the Title IX
Coordinator or his or her designee. An individual sharing an incident of sexual discrimination orharassment with a Designated Reporter should expect the incident to be reported to the Title IX
coordinator. The Designated Reporter does not have discretion to withhold a report of a violation ofthis policy, even if the Witness or Party sharing an incident requests that no report be made.
However, the Designated Reporter may keep the identity of the Witness or Party confidential if
requested to do so and there is no reason to believe that withholding such information would pose an
imminent health or safety threat. The Title IX Coordinator can assist the Designated Reporter inmaking that determination.
A Designated Reporter is not obligated to report information disclosed at a public awareness event
such as a student chapel, demonstration or other public forum in which individuals may collectively
share experiences of prohibited conduct to raise public awareness.

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Designated Reporters will undergo regular training on how to identify and report prohibited conduct
under this policy.

Reporting to Law Enforcement and Local Community Resources
In case of immediate danger, please call 911 and Campus Safety.
On-campus safety incidents that are not active emergencies should still be reported to Campus
Safety using the following contact information:
Rocklin and San Jose Campus Safety: (916) 521-0776.
Multnomah Campus Safety: (503) 251-6499.
Even if you are not in immediate danger, you have the right to report violations of this Policy to law
enforcement. Reporting to law enforcement does not mean you will have to press charges. But
California law encourages individuals who experience sexual assault to preserve evidence and tonote the identity and location of any potential witnesses. Reporting to law enforcement allows for aparty to receive assistance in collecting evidence, including a medical exam if needed. This step canhelp you preserve your options as you seek to make an informed choice.
The Title IX coordinator can assist you in reporting a violation of this Policy to local law enforcement
and in obtaining other local resources, or you may contact the following agencies directly:
For the Rocklin Campus:
Rocklin Police Department
4080 Rocklin Rd.
Rocklin, CA 95677
916-625-5400
https://www.rocklin.ca.us/police

Placer County Sheriff’s
Department
530-886-5375

Stand Up Placer
24 Hour Hotline
800-575-5352

For the San Jose Campus:
Sexual Assault Response Team
Santa Clara Valley Medical Center
751 Bascom Ave. Building H1
San Jose, CA 95128
Telephone: (408) 885-6466

YWCA Rape Crisis Center
375 S. Third Street
San Jose, CA 95112
24 hour hotline:(800) 572-2782
or (650) 493-7273
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For Jessup Online:
Call 911 and your local law enforcement. Jessup’s Title IX Coordinator can assist you in identifying
other appropriate community resources depending on your location.
Incidents occurring out of state/abroad:
Students or employees reporting an incident occurring out of state or abroad should consult with the
Title IX Coordinator or their local program advisor or supervisor to identify local resources including
confidential reporting options, community resources and local law enforcement services appropriate
to their location.

Consulting Confidential Resources (Licensed Counselors)
When an individual prefers to discuss an incident of sexual discrimination or harassment with aresource who will not report the incident to anyone else, a Confidential Resource should be
consulted. A Confidential Resource is a person who is trained to help evaluate incidents of sexual
discrimination or harassment and can assist in making an informed decision about next steps. A
Confidential Resource can also assist in accessing supportive resources as necessary to address
specific needs.
The Confidential Resources provided by Jessup are licensed mental health counselors. Many of theirservices may be accessed by Jessup students and employees free of charge. Members of theJessup community can consult these counselors using the following contact information:
Students may access Confidential Resources here: Student Confidential Counseling Resources
Employees may access Confidential Resources through the Employee Assistance Program, available
through Jessup Human Resources.
The above-listed individuals will maintain confidentiality when acting under the scope of theirlicensure, professional ethics, professional credentials or official designation, except as required bylaw, court order or other exceptions as set forth in the ethical guidelines which govern theirprofessions.

16Filing a Complaint Against Jessup
A student may make a report or Formal Complaint against Jessup alleging that a Jessup policy orpractice constitutes Sex Discrimination using the school’s Non-Academic Student Grievance
Procedure.
An employee may file a Formal Complaint against Jessup alleging that a Jessup policy or practiceconstitutes Sex Discrimination following the procedure outlined in the Employee Discrimination andHarassment policy in the University Policy Manual.
The Title IX Coordinator can assist a student or employee in this process.

Anonymous Reports
An individual may opt to remain anonymous when reporting violations of this Policy. However, theextent to which Jessup is able to investigate and remedy the alleged discrimination or harassment
may be limited.
Anonymous reports may be made to the Title IX Coordinator using the contact information above, or
through the online reporting form by exercising the options to withhold identifying information.
Jessup employees may also submit an anonymous report by calling the Lighthouse Services
anonymous complaint hotline at (844) 490-0002, through the Lighthouse Services Online ReportForm, or by emailing: reports@lighthouse-services.com/jessup. Anonymous reports to Lighthouseservices are forwarded to Jessup’s Human Resources Director who will submit them to the Title IX
coordinator for further investigation.

Confidentiality of Reports
Jessup will keep confidential the identity of any individual who has made a report or Formal
Complaint under this Policy, including any Complainant, Respondent, or Witness, except as may bepermitted by the Family Educational Rights and Privacy Act (FERPA), or as required by law, or tocarry out the procedures in this Policy. This means that Jessup will protect the individual’s privacy but
may disclose information to those who have a legitimate need to know.

Reports Involving Third Parties
A Third Party Respondent is a Respondent who is not a Jessup student or employee, such as avisitor, volunteer, vendor or independent contractor. Jessup’s jurisdiction to impose sanctions against
a Third Party Respondent may be limited depending on the context of the prohibited conduct and the17nature of the Third Party Respondent’s relationship to Jessup. Employees of vendors fulfilling
contracts to Jessup are subject to the policies and procedures of their employers and the vendor
contract to which Jessup is a party.
When a report is made of prohibited conduct by a Third Party Respondent under this Policy, the Title
IX Coordinator will determine the appropriate manner of resolution including, but not limited to,
conducting an internal investigation that could result in the restriction of the Third Party Respondent
from Jessup facilities or activities, referral to local law enforcement and outreach and coordination
with the school or employer who has jurisdiction over the Third Party Respondent. The Title IX
Coordinator will also provide outreach and supportive measures to the Complainant as provided
under this Policy.
When the Respondent is enrolled in or employed by another institution, the Title IX coordinator can
assist the Complainant in making a report to the appropriate individual at that institution, as it may bepossible to allege violations through that institution’s policies.
A Third Party Complainant is a Complainant who is not a Jessup student, employee, or applicant. A
Third Party Complainant may report allegations of prohibited conduct by a Jessup student or
employee to the Title IX Coordinator, and the Title IX Coordinator will take appropriate action.
However, a Third Party is not permitted to file a Formal Complaint unless the allegations arise from anattempt to participate in a Jessup education program or activity.

Immunity for Related Disciplinary Matters
When making a report of conduct prohibited under this Policy would require an individual to disclose
his or her own violations of other provisions of the Jessup Code of Conduct (such as consensual,
extramarital sexual activity or the personal consumption of alcohol or drugs) Jessup will not typicallypursue disciplinary action based on those disclosures. Jessup’s priority is to preserve the safety andequal access of those involved and to resolve and address any misconduct under this Policy.
However, where the violations disclosed are egregious or place the safety and health of others at
immediate risk, Jessup reserves the right to pursue other responsive and disciplinary actions.

Time Limits on Reporting
There is no time limitation on reporting a violation of this Policy or filing a Formal Complaint with the
Title IX coordinator. However, the more time that passes the more difficult it becomes for Jessup to
investigate, respond, and provide remedies for violations under this Policy. Jessup’s response to areport or complaint significantly affected by the passage of time and/or Respondent’s departure fromthe Jessup community may be limited to the provision of supportive measures and or actions that
apply generally to the Jessup community.

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Other Statutory Reporting
There may be circumstances in which Jessup is obligated to report an incident of violent crime orsexual assault to local law enforcement or to include such incidents in statistical data such as thedata provided in compliance with the Clery Act. In such cases, Jessup will honor requests forconfidentiality unless doing so would pose an immediate health and safety threat.

HOW JESSUP WILL RESPONDPRELIMINARY ASSESSMENT
When the Title IX Coordinator receives a report of prohibited conduct under this Policy, he or she (ora designee) will initiate a preliminary assessment to determine appropriate next steps. The primaryconcern shall be for student safety. The preliminary assessment will begin as soon as practicable but
no more than 10 business days after submission of the initial report to the Title IX Coordinator.
The preliminary assessment will include, as appropriate:
1. Outreach to all Parties (if known) to advise the Parties of their rights under this policy and offer
supportive measures. Outreach to the potential Complainant will include:a. Notice that Jessup has received a report that the potential Complainant may haveexperienced sexual discrimination, harassment or violence.
b. A statement that retaliation for filing or participating in a Complaint under this policy isprohibited.
c. Information about how to access available counseling resources.
d. Notice that the recipient has the right, but not the obligation, to report the matter to law
enforcement.
e. Notice of Jessup’s investigation procedures set forth in this Policy.
f. An offer of potential interim measures, such as no-contact directives, housing changes,
and academic schedule changes, as appropriate.
g. A request to preserve evidence.
h. A request that the potential Complainant meet with the Title IX Coordinator or otherdesignated employee to discuss options for responding to the report.
i. The manner in which Jessup responds to reports of sexual discrimination, harassment
and violence, with a description of potential disciplinary consequences.
2. An initial meeting with the Parties to obtain their recollection of the alleged incident(s), discuss
the availability of supportive measures, and determine the Complainant’s wishes with respect
to filing a Formal Complaint. The Title IX Coordinator (or designee) will explain options forresolution, determine whether the Complainant wishes to file a Formal Complaint, and assist
19the Complainant in filing a Formal Complaint if the Complainant opts to do so. Parties may
bring a support person or Advisor to the initial meeting and all subsequent meetings inaccordance with this policy. If a Party declines to attend the initial meeting, the Title IX
Coordinator will proceed to implement supportive measures and take action to resolve theallegations as appropriate.
3. Implementation of Supportive Measures. Supportive Measures are non-disciplinary,
non-punitive individualized services offered free of charge to restore or preserve access toJessup programs and activities following an allegation of sexual discrimination or harassment.
Please see below (section entitled, “Supportive Measures”) for more information.
4. Identification of an Advisor if desired by any Party, in accordance with applicable law. An
advisor is a person who provides support and guidance to a party (Complainant or
Respondent) throughout any meetings or proceedings related to complaints arising under thispolicy. Please see Appendix C for a description of the role of the Advisor in the processes
described under this policy.
5. A determination of whether the Complainant wishes to make a Formal Complaint to initiate aformal investigation and grievance process. In the event the Complainant does not wish to
make a Formal Complaint, the Title IX Coordinator will determine whether to file a Formal
Complaint and document the basis for his or her decision.
When a preliminary assessment shows that the alleged misconduct does not fall under this policy, theTitle IX Coordinator may refer the matter to another Jessup office for response under an appropriate
Student Conduct, Human Resources, or other policy.
Student Confidentiality; Requests That No Investigation Be Made
Under California law, a student Complainant may request confidentiality or that no investigation or
disciplinary action be pursued. Jessup generally will grant the request. When a Complainant requests
confidentiality and the request could preclude a meaningful investigation or potential discipline of the
Respondent, or when the Complainant requests that no investigation or disciplinary action be
pursued, Jessup will take the request seriously. However, Jessup will also consider its responsibility
to provide a safe and nondiscriminatory environment for all students, including the Complainant. In
determining whether to disclose a Complainant’s identity or proceed to an investigation over theobjection of the Complainant, Jessup will consider whether any of the following apply:● There are multiple or prior reports of sexual misconduct against the Respondent.
● The Respondent reportedly used a weapon, physical restraints, or engaged in battery.
● There is a power imbalance between the Complainant and Respondent.

20

● The Complainant believes that the Complainant will be less safe if his or her name is disclosed
or an investigation is conducted.
● Jessup is able to conduct a thorough investigation and obtain relevant evidence in the absenceof the Complainant’s cooperation.
If Jessup determines that it can honor the student Complainant’s request for confidentiality, it shall stilltake reasonable steps to respond to the report, to limit the effects of the alleged sexual harassment,
and prevent its recurrence without initiating formal action against the alleged Respondent or revealing
the identity of the Complainant. These steps may include increased monitoring, supervision, or
security at locations or activities where the alleged misconduct occurred, providing additional training
and education materials for students and employees, or conducting climate surveys regarding sexual
violence. Jessup shall also take immediate steps to provide for the safety of the Complainant while
keeping his or her identity confidential as appropriate. These steps may include changing living
arrangements or course schedules, assignments, or tests. The Complainant shall be notified that thesteps Jessup will take to respond to the Complaint will be limited by the request for confidentiality.
If Jessup determines that it must disclose the Complainant’s identity to the Respondent and/or
proceed with an investigation, Jessup shall inform the Complainant prior to making this disclosure or
initiating an investigation. Jessup shall also take immediate steps to provide for the safety of theComplainant where appropriate. In the event that the Complainant requests that Jessup inform the
Respondent that the Complainant requested no investigation be made and no discipline be imposed,
Jessup shall honor this request.
Supportive Measures
Upon receiving a report of violation under this Policy, the Title IX Coordinator will offer and implement
appropriate Supportive Measures for the Parties. Supportive measures are individualized services
offered to restore or preserve access to Jessup’s education program or activity, including measuresdesigned to protect the safety of all Parties and/or Jessup’s educational environment and/or to deter
harassment, discrimination, or retaliation. Supportive measures are non-punitive, non-disciplinary,and free of charge to the Parties. Jessup will maintain the confidentiality of supportive measures
except to the extent necessary to provide the supportive measures.
Supportive measures may include, but not be limited to:● Referral to counseling, medical, or other healthcare services, including Christian pregnancy
support● Referral to the Employee Assistance Program● Referral to community-based service providers and ministries● Education to the Jessup community or community subgroups● Altering campus housing assignments● Altering work arrangements21

● Providing campus safety escorts● Implementing written, mutual, contact limitations between the Parties● Academic support, changes in academic scheduling or course format, extensions of deadlines,
or other course-related adjustments● Limiting an individual’s or organization’s access to certain University facilities or activities
pending resolution of the matter
Violations of restrictions implemented as supportive measures may be referred to appropriate student
or employee disciplinary processes for enforcement or added to a pending complaint under thisPolicy.
Violence Risk Assessment; Emergency Removal
In some cases, the Title IX Coordinator may determine that a Violence Risk Assessment (VRA)
should be conducted by the Campus Safety team as part of the Preliminary Assessment. A VRA is
not an evaluation for involuntary behavioral health hospitalization nor is it a psychological or mental
health assessment. A VRA assesses the risk of actionable violence supported by training in the fieldsof law enforcement, criminology, human resources, and psychology.
A VRA can aid in the following determinations:● Emergency removal of a Respondent on the basis of an immediate threat to the health andsafety of an individual or the Jessup community● Filing of a Formal Complaint by the Title IX Coordinator absent participation by theComplainant● Defining the scope of the investigation to include a pattern of misconduct and/or climate of
hostility● Identifying potential predatory conduct● Assessing grooming behaviors● Evaluating the use of Informal Resolution● Assessment of appropriate sanctions and/or other remedies● Implementing appropriate Clery Act compliance measures
Additionally, a student Respondent may be removed from Jessup facilities, programs, and activities
on an emergency basis when an individualized safety and risk analysis has determined that an
immediate threat to the physical health or safety of any student or other individual justifies theremoval. This risk analysis is performed by the Associate Vice President for Academic Affairs or
his/her designee, who may consult as necessary with other Jessup officials to conduct an objective
threat assessment. The emergency removal may constitute a full restriction from all Jessup facilities,
programs, and activities or a limited removal from designated locations and activities. The scope andduration of an emergency removal will be at the sole discretion of the Associate Vice President for
Academic Affairs. Violation of the emergency removal order will be grounds for discipline, up to andincluding permanent dismissal from the University.
22

When it is determined that emergency removal is justified, Jessup will provide written notice to thestudent Respondent including the basis for the removal and specific restrictions, conditions, andduration. The student Respondent may challenge the removal by submitting a written challenge within
72 hours of the transmission of the removal notice, including the reasons that the removal should not
be implemented or should be limited. Notice of a challenge to an emergency removal may besubmitted to the Vice President of Academic Affairs via email to vpaaoffice@jessup.edu.
An Employee Respondent can be placed on paid administrative leave pending the outcome of thegrievance process set forth in this Policy, following the procedures outlined in the Jessup Employee
Handbook.

GRIEVANCE AND RESOLUTION PROCESS
Jessup offers three options for addressing alleged violations under this policy. Following thePreliminary Assessment described above, the Title IX Coordinator will initiate at least one of thefollowing responses:
1. Report made, but no Formal Complaint: If neither the Complainant nor the Title IX Coordinator
opts to file a Formal Complaint, the Title IX Coordinator will still ensure that supportive
measures are maintained as necessary and appropriate to address the findings of thePreliminary Assessment. The alleged violation may be referred to other individuals at Jessup
for a response under other Jessup policies (such as a student discipline proceeding under theJessup Community Covenant) including sanctions against the Respondent.
2. Formal Complaint; Informal Resolution: If the Complainant or Title IX Coordinator files a
Formal Complaint, the Title IX Coordinator may initiate an Informal Resolution process inaccordance with this policy and applicable law.
3. Formal Complaint; Formal Grievance: If the Complainant or Title IX Coordinator files a Formal
Complaint, the Title IX Coordinator may initiate a Formal Grievance proceeding, including aformal investigation and hearing in accordance with this policy and applicable law.

Formal Complaints
To initiate either an Informal Resolution or Formal Grievance process, a Formal Complaint must be
filed. A Formal Complaint is different from a Report of Sexual Discrimination or Harassment. Whereasa Report of Sexual Misconduct may be filed anonymously in any format (see above), a Formal
Complaint is a written document that must be signed by the Complainant or the Title IX Coordinatoralleging sexual misconduct against a Respondent. The Formal Complaint requests that Jessup
formally investigate an allegation of sexual misconduct for the purpose of adjudication, including a23

formal hearing where appropriate. Once filed, a Formal Complaint will be resolved through Dismissal,
Informal Resolution, or a Formal Grievance proceeding.
Jessup uses a designated form for submitting a Formal Complaint. The Title IX coordinator can
provide this form upon request, and assist a Complainant in filing it. The Formal Complaint may besubmitted to the Title IX Coordinator in person, by mail, with a physical or digital signature.
At the time of filing a Formal Complaint, the Complainant must be participating in or attempting toparticipate in a Jessup education program or activity.
The Title IX Coordinator will typically honor a Complainant’s decision not to file a Formal Complaint.
In some circumstances, though, the Title IX Coordinator may determine that a formal investigationand proceeding are necessary to ensure the safety and welfare of the Jessup community orComplainant. In those circumstances, the Title IX Coordinator may file and sign a Formal Complaint
without participation by the Complainant. The Title IX Coordinator will not, in doing so, become aComplainant or party to the grievance process.
In determining whether to file and sign a formal Complaint without the Complainant’s participation, theTitle IX Coordinator will consider the totality of the circumstances, including the Complainant’s
reasons for opting not to file a Formal Complaint. The Title IX Coordinator will aim to balance
Jessup’s obligation to protect the Jessup community and Complainant with the Complainant’s interestin retaining as much control over his or her involvement in the process as possible. In making thisdetermination, the Title IX Coordinator will also consider the following factors:● Whether Jessup is able to conduct a thorough investigation and obtain relevant evidence in theabsence of the Complainant’s cooperation;● Whether there have been multiple or prior reports of sexual misconduct against the
Respondent;● Whether the Respondent reportedly used a weapon, physical restraints, or engaged in battery;● Whether the Respondent is a faculty or staff member with oversight of students;● Whether there is a power imbalance between the Complainant and Respondent;● Whether the Complainant believes that the Complainant will be less safe if his or her name isdisclosed or an investigation is conducted;● Any other factors the Title IX Coordinator deems relevant to preserving the objectives of thisPolicy.
If the Title IX Coordinator decides to file a Formal Complaint, he or she will notify the Complainantprior to initiating an investigation and will offer supportive measures and informal resolution options
where appropriate. If Jessup proceeds with a Formal Grievance process, the Complainant may
choose his or her level of involvement. The Complainant’s rights under this policy will not be limitedby opting not to participate in a Formal Grievance process, but Jessup’s ability to provide supportive24

measures and other remedies may be limited if the Complainant does not opt to participate in theinvestigation and/or hearing process or requests that his or her identity remain undisclosed.
A Complainant who initially opts not to participate in a Formal Complaint process may still file a
Formal Complaint at a later date.
Dismissal of Formal Complaints
A Formal Complaint will be withdrawn or dismissed in the following circumstances:
Mandatory Dismissal (Title IX): A Formal Complaint (or part of a Complaint) based solely on theprovisions of Title IX shall be dismissed by the Title IX Coordinator if at any time it is determined that:
1) The conduct alleged in the Formal Complaint would not constitute discrimination orharassment under Title IX, even if proven;2) The conduct alleged in the Formal Complaint did not occur in an educational program or
activity controlled by Jessup or by a Respondent that is under the authority of Jessup.
3) The conduct alleged in the Formal Complaint did not occur against a person in the UnitedStates.
4) At the time of filing the Formal Complaint, the Complainant was not participating in or
attempting to participate in Jessup’s education program or activities.
Where allegations based solely on Title IX are subject to Mandatory Dismissal on the grounds above,
any remaining allegations based on the provisions of the California Education Code may proceedusing the same grievance procedures outlined below.
Mandatory Dismissal (California Education Code): A Formal Complaint (or part of a Complaint) based
solely on the provisions of the California Education Code shall be dismissed by the Title IX
Coordinator if at any time it is determined that the reported conduct does not fall within the jurisdiction
and/or definitions set forth in the applicable provisions of the California Education Code addressed bythis Policy.
Discretionary Dismissal: The Title IX Coordinator may opt to dismiss a Formal Complaint (or part of acomplaint) if at any time it is determined that:
1) The Complainant wishes to withdraw the Formal Complaint or allegations contained therein. To
withdraw a Formal Complaint, the Complainant must notify the Title IX Coordinator in writing.
2) The Respondent is no longer enrolled in or employed by Jessup.
3) Specific circumstances prevent Jessup from gathering evidence sufficient to reach adetermination as to the allegations in the Formal Complaint.
When a Complainant withdraws a Formal Complaint, he or she may later request to refile it.
25

Investigation of Formal Complaints
After the Title IX Coordinator determines that the Formal Complaint is not subject to dismissal on the
grounds stated above, Jessup will conduct a formal investigation to determine whether the alleged
misconduct occurred and whether the alleged misconduct violated this Policy. The investigation may
be completed by the Title IX Coordinator or his or her designee.
Notice of Investigation and Allegations
Upon receipt of a Formal Complaint, the Title IX Coordinator will provide a written Notice of theInvestigation and Allegations to the Respondent. This notice will also be sent to the Complainant.
Notice will be sent as soon as practicable, but no more than ten (10) business days after filing of theFormal Complaint, providing the Respondent(s) sufficient time to prepare a response for an initialinterview.
The notice will include:● Notice of Jessup’s grievance procedures, including informal resolution options, set forth within
this Policy.
● Notice of the allegations that potentially constitute sexual discrimination, harassment, orviolence under this Policy including sufficient details known at the time. Sufficient details shall
include the specific Policy violations alleged, the identities of the parties involved in theincident(s), if known, the conduct allegedly constituting sexual discrimination or harassment,
and the date and location of the alleged incident(s), if known.
● Notice of the potential sanctions and responsive actions that may result.
● A statement that the Respondent is presumed not responsible for the alleged misconduct andthat a determination regarding responsibility will be made at the conclusion of the grievanceprocess.
● A statement that the Investigation and Grievance Process are not adversarial processes
between Complainant(s), Respondent(s), and witnesses, but rather a process Jessup uses tocomply with its obligations under existing law.
● A statement that the Complainant does not have the burden to prove, nor does the
Respondent have a burden to disprove, the underlying allegations(s) of misconduct.
● Notice that the Parties may have an Advisor of their choice, who may be, but is not required tobe, an attorney. Information on the need for each party to have an Advisor of their choosing
and suggestions for ways to identify an Advisor.
● A statement that the Parties may inspect and review evidence gathered in the Formal
Investigation.
● Notice that Jessup’s Title IX Policy prohibits knowingly making false statements or knowingly
submitting false information during the Grievance Process.

26

● A statement that parties will be given an opportunity to inspect and review all directly related
and/or relevant evidence obtained during the Formal Investigation.
● A statement about the Recipient’s policy on retaliation.
● Information about the confidentiality of the process.
● Notice of Supportive Measures, including counseling, that are available to both Parties andinformation about how to arrange for Supportive Measures as appropriate.
● The name(s) of the Investigator(s), along with a process to notify the Title IX Coordinator, inadvance of the interview process, of any conflict of interest that the Investigator(s) may have.
● An instruction to preserve any evidence that is directly related to the allegations
Notice will be made in writing and may be delivered by one or more of the following methods: inperson, mailed to the campus, or permanent address of the Parties as indicated in the official Jessup
records, or emailed to the Parties’ Jessup-issued email. Once mailed, emailed, and/or delivered
in-person, notice is considered complete.
Investigation Process and Timeline
Jessup will make a good faith effort to complete the investigation within ninety (90) business days,
though some investigations may take longer depending on the nature, extent, and complexity of theallegations and the availability of witnesses and other evidentiary sources. The investigation may also
be delayed by circumstances such as a request from law enforcement, a need for language
assistance, or the absence of Parties and/or witnesses. The duration of the investigation may be
extended beyond ninety (90) days in increments of (30) business days upon written notice andexplanation to the Parties.
The Investigator(s) assigned to investigate the Formal Complaint will be impartial. The Title IX
Coordinator will ensure that the assigned Investigator is free from actual or apparent conflicts ofinterest or disqualifying biases toward the Parties. At any time during the resolution process, Parties
may notify the Title IX Coordinator of an Investigator’s potential conflict of interest or disqualifying
bias. If the Title IX Coordinator finds such a conflict of interest or disqualifying bias, the Title IX
Coordinator will assign another Investigator to complete the investigation. Concerns regarding theconflict of interest or disqualifying bias of the Title IX Coordinator may be addressed to Jessup’s Chief
Operating Officer for determination in his or her sole discretion.
Investigations of Formal Complaints will seek to obtain all available relevant evidence including
evidence gained through interviews with parties and witnesses. Investigators will typically perform thefollowing tasks:● Determine the identity and contact information of the Parties.
● Identify all potential violations of this policy implicated by the Formal Complaint.
● Develop a plan for a thorough, reliable, and impartial investigation including a proposed
timeline and order for interviewing witnesses.
27

● Assist the Title IX Coordinator as necessary to prepare a Notice of Investigation andAllegations for the Parties.
● Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
● Make good faith efforts to notify each party of the investigator's meeting or interview withanother Party, in advance if possible.
● Provide each Party and Witness an opportunity to review and verify the Investigator’s summaryor transcript of their interviews and meetings.
● Notify each Party in writing when his or her participation in a meeting or interview is expected,
including the time, date, and location of the meeting and a description of the purpose and otherexpected participants of the meeting.
● Allow each Party to suggest witnesses they wish the Investigator to interview and questions
they wish the Investigator to ask.
● Provide regular status updates to the Parties throughout the investigation, including an
explanation for any unexpected delays.
● Write a comprehensive investigation report that fully summarizes the investigation, all witness
interviews, and addresses all relevant evidence obtained in the Investigation.
● Prior to the conclusion of the Investigation, provide the Parties a ten (10) business day review
and comment period wherein the Parties may read the draft Investigation report, inspect andreview all directly relevant evidence obtained in the Investigation, and provide a written
response to the report.
● Incorporate relevant elements of the Parties’ written response to the draft Investigation reportand document the rationale for any revisions made after the review and comment period.
● Prepare a final Investigation report and provide the final report to the Parties at least ten (10)business days prior to a formal hearing.
● Preserve a file of all evidence not included in the report and allow Parties to review it uponrequest.
Investigations will not consider:1) Incidents not relevant or directly related to the alleged violations of this policy, unless such
incidents evidence a pattern of misconduct;
2) The Complainant’s sexual predisposition unless advanced by the Complainant;3) The prior or subsequent sexual history between the Complainant and anyone other than the
Respondent for any reason unless directly relevant to prove that physical injuries alleged tohave been inflicted by the Respondent were inflicted by another individual;
4) The existence of a dating relationship or prior or subsequent consensual sexual relations
between the Complainant and the Respondent unless the evidence is relevant to how theparties communicated consent in prior or subsequent consensual sexual relations. Where theinvestigator or hearing officer allows consideration of evidence about a dating relationship or
prior or subsequent consensual sexual relations between the Complainant and the
Respondent pursuant to this section, the mere fact that the Complainant and Respondent
engaged in other consensual sexual relations with one another is never sufficient, by itself, toestablish that the conduct in question was consensual.
28

Before allowing the consideration of any evidence proffered pursuant to an exception set forth in thisparagraph, the investigator or hearing officer shall provide a written explanation to the Parties as to
the rationale for allowing such consideration consistent with this paragraph.
Parties will have a full and fair opportunity to identify witnesses, including expert witnesses, andprovide evidence, and to fully review and respond to all evidence on the record. At least ten (10)business days prior to the conclusion of the Investigation, the Parties will be given an opportunity toreview and comment on the draft Investigation report and to inspect and review all directly relevant
evidence obtained in the Investigation, and to provide a written response to the report. The
Investigator will incorporate relevant elements of the Parties’ written response to the draft
Investigation report and document the rationale for any revisions made following the review andcomment period. The final Investigation report will be provided to the Parties at least ten (10)business days prior to the formal hearing.
Recordings of interviews will not be provided to the Parties, but Parties will have an opportunity toreview a transcript or summary of interviews when the Investigator’s report is compiled.
At the discretion of the Title IX Coordinator, Investigations may be combined as appropriate toaddress a potential pattern, collusion, and/or shared or similar conduct.

Informal Resolution
One option for addressing alleged violations of this policy may be to use an informal resolution
process. Not all complaints are eligible for informal resolution. The process is governed by federal
and state law. The Title IX Coordinator will determine whether informal resolution is an appropriate
option for resolving a complaint under this policy. The Title IX Coordinator may facilitate the process
or engage a facilitator as appropriate to guide parties toward a resolution. Jessup shall not require theparties to participate in an informal resolution process and may not offer an informal resolution
process unless a Formal Complaint is filed.
Options for Informal Resolution:
Jessup uses three methods of informal resolution for alleged violations of this policy:1) Supportive Resolution. When the Parties agree that supportive measures are sufficient toaddress the alleged conduct and its effects, the Title IX Coordinator can resolve the Formal
Complaint by implementing appropriate supportive measures.
2) Alternative Resolution. When the Parties agree to resolve the Formal Complaint throughmechanisms such as mediation, restorative practices, or facilitated dialogue, such means may
be employed even before the completion of a formal investigation.

293) Accepted Responsibility. When the Respondent accepts responsibility for the violations allegedin the Formal Complaint and agrees to submit to the recommended sanctions, the Parties may
agree to end the resolution process.
Eligible Complaints: A Formal Complaint may be resolved through informal means in the following
circumstances:
1) All parties to the complaint are students who voluntarily and mutually agree to participate in theinformal resolution process.
2) The Complainant(s) is a Jessup employee and the Respondent(s) is a Jessup student and allparties voluntarily and mutually agree to participate in the informal resolution process.
Ineligible Complaints: A Formal Complaint may not be resolved through informal means in any of
the following circumstances:
1) The complaint is filed by a Jessup student against a Jessup employee.
2) The complaint includes an allegation of sexual violence as defined under this policy.
Please see Appendix D for a detailed description of the Informal Resolution Process.

Formal Grievance Process
After a Formal Complaint is filed (by either the Complainant or the Title IX Coordinator), the Title IX
Coordinator may initiate a Formal Grievance process. The Formal Grievance process is governed byfederal and state law. The Formal Grievance process includes a formal investigation and a hearing to
adjudicate the Formal Complaint. The Formal Grievance process is not intended to serve as anadversarial process between the Complainant and Respondent, but rather a process for Jessup tocomply with its legal obligations and meet the objectives of this Policy. The Complaint does not havea burden to prove and the Respondent does not have the burden to disprove the allegations in theFormal Complaint. The Formal Grievance process will provide prompt and equitable resolution ofFormal Complaints brought under this Policy.
Jessup may rely on an internal Formal Grievance Pool and/or a contracted service with appropriate
training and experience to carry out the Formal Grievance process.
Please see Appendix E for a detailed description of the Formal Grievance process.

Appeals
Following the outcome of the formal grievance process, any Party may submit a written request for
appeal (“Request for Appeal”) to the Title IX Coordinator. A Request for Appeal must be submitted30within ten (10) business days of the transmission of a Notice of Outcome. No appeal will beconsidered after the expiration of the time to file a Request for Appeal. The Title IX Coordinator will
designate either a single Appeal Decision Maker or an Appeal Panel consisting of three (3) members,
one of whom will be designated as the Chair. No person who has been previously involved in the
Resolution Process for the Formal Complaint may be designated as an Appeal Decision Maker.
Appeals are limited to the following grounds:● A procedural irregularity affected the outcome of the Resolution Process.
● New evidence that was not reasonably available at the time of the determination of
responsibility or dismissal has become available that could affect the outcome of the
Resolution Process.
● The Title IX Coordinator, Investigator(s), or Decision Maker(s) had a conflict of interest or biasthat affected the outcome of the Resolution Process.
Grounds for appeal must be clearly stated within the Request for Appeal. The Appeal Decision
Maker(s) will review the Request for Appeal to determine whether the request states grounds for an
appeal. This initial review will not consider the merits of the appeal but will focus solely on whether
the appeal was timely filed and states an appropriate grounds for appeal. If the Request for Appeal is
not based on the grounds set forth in this section, the Appeal will be denied. The Chair will notify theParties of the denial and basis of denial in writing.
If it is determined that the Request for Appeal is timely and states grounds for appeal, the appeal
process will continue.
Please see Appendix F for a detailed description of the Appeal Process.

When Respondent Accepts Responsibility
At any point in the resolution process, the Respondent may accept responsibility for part or all of thealleged policy violations. If the Respondent accepts responsibility for all of the alleged violations in theFormal Complaint, any ongoing formal grievance process will be paused for the Title IX Coordinator
to determine whether an Informal Resolution can be used to conclude the matter. If an Informal
Resolution is appropriate, the Title IX Coordinator will determine whether all Parties and the
Respondent agree on the Respondent’s responsibility and the remedies necessary to redress theviolations for which the Respondent accepts responsibility. The Title IX Coordinator will then facilitate
the Parties in filing a written agreement of resolution and implement the appropriate responsive
actions as described above.

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When Respondent Withdraws from Jessup Before Resolution
Student Respondent(s)Should a Student Respondent permanently withdraw from the University prior to the resolution of aFormal Complaint, the Complaint and any pending resolution process will be dismissed on the
grounds that Jessup no longer has jurisdiction over the Respondent. However, the Resolution
Process may continue at the discretion of the Title IX Coordinator if necessary to ensure safety andequal access and/or provide a remedy to the Complainant for any ongoing effects of the allegedharassment, discrimination, or retaliation. Jessup will also continue to address and remedy any
systemic issues or concerns that may have contributed to the alleged policy violation and provide
supportive measures as appropriate to the Complainant.
If the Student Respondent temporarily withdraws or takes a leave of absence from Jessup for a
specified period of time, the Resolution Process may continue and, if determined responsible for aviolation, the Student Respondent will not be permitted to return to Jessup until all sanctions, if any,
have been satisfied.
If a Student Respondent withdraws for any duration pending the outcome of a proceeding under thisPolicy, Jessup may place a hold on his or her ability to graduate and/or receive an official transcript or
diploma until the outcome of the proceedings under this Policy and/or satisfaction of any resulting
sanctions or other remedies.
Employee Respondent(s)Should an Employee Respondent resign from the University prior to the resolution of a Formal
Complaint, the Complaint and any pending resolution process will be dismissed on the grounds that
Jessup no longer has jurisdiction over the Respondent. However, the Resolution Process may
continue at the discretion of the Title IX Coordinator if necessary to ensure safety and equal accessand/or provide a remedy to the Complainant for any ongoing effects of the alleged harassment,
discrimination, or retaliation. Jessup will continue to address and remedy any systemic issues orconcerns that may have contributed to the alleged policy violation and provide supportive measures
as appropriate to the Complainant.
An Employee Respondent who resigns with an unresolved Formal Complaint pending or whose
employment is terminated as a sanction following a determination of responsibility under this Policy
will not be eligible for academic admission or rehire with Jessup.

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POST-RESOLUTION CONSIDERATIONSLong-Term Remedies and Responsive Actions
Following the conclusion of the Resolution process, and in addition to any sanctions implemented, theTitle IX Coordinator may implement long-term remedies or actions intended to stop the harassment,
discrimination, and/or retaliation addressed in the Resolution Process, and/or to remedy the effects
and prevent reoccurrence. These remedies and actions may include but are not limited to:
●
●
●
●
●
●
●
●
●
●
●

Referral to counseling and health services
Referral to the Employee Assistance Program
Education and training to designated individuals or the community as a whole
Permanent alteration of Jessup residential assignments
Permanent alteration of work arrangements for employees
Provision of campus safety escorts
Climate surveys
Policy modification
Implementation of long-term contact limitations
Implementation of adjustments to academic deadlines, course schedules, etc.
Implementation of supportive measures, even where no policy violation is foundFailure to Comply with Sanctions and/or Responsive Actions
Failure to comply with the sanctions, responsive actions and/or corrective actions assigned throughthe Resolution Process within the timeline specified by the Decision Maker(s), (including any Appeal
Decision Maker(s), whether by refusal, neglect or any other reason, may result in the imposition of
additional sanctions including suspension, expulsion and/or termination from Jessup. Supervisors are
expected to enforce completion of sanctions and responsive actions for their employees. Suspension
will only be lifted when compliance is performed and verified to the satisfaction of the Title IX
Coordinator.

Retention of Records; Discovery
Jessup will maintain the following records for a period of at least seven (7) years following conclusionof the Resolution Process:● Records related to any formal Investigation, including audio and/or video recordings andtranscripts● Records related to any disciplinary sanctions imposed on the Respondent(s)● Records of any remedies provided to the Complainant designed to restore or preserve equal
access to Jessup’s education programs and activities
33

● Records related to any appeal● Records related to any Informal Resolution● All materials used to train Title IX Coordinators, Investigators, Decision Makers, and facilitatorsin any Informal Resolution process.
● Records related to any supportive measures provided in response to a Formal Complaint or, if
no supportive measures were implemented, records documenting the reasons that no
supportive measures were implemented.
● Records of any disciplinary sanctions imposed on the Respondent except for records of
dismissal or permanent withholding of a degree, which will be made part of the student’s
permanent disciplinary record.
● Any other records Jessup is required to maintain in accordance with state and federal laws.
Records retained in accordance with this paragraph will only be disclosed by Jessup in compliancewith a judicial order or pursuant to a lawfully issued subpoena. Jessup will make a good faith effort to
notify any party whose records may be subject to a judicial order or subpoena in advance of Jessup’s
compliance therewith.

Revisions to this Policy
This Policy and procedures supersede any previous policies addressing sexual discrimination andharassment and/or retaliation under the laws cited herein. This Policy will be reviewed and updated
annually by the Title IX Coordinator. Jessup reserves the right to revise this document as necessary
at any time. Once posted online, revisions are considered effective.
During the Resolution Process, the Title IX Coordinator may make minor modifications to theprocedures outlined in this Policy provided the modifications do not materially jeopardize the fairness
owed to any Party, such as changes necessary to accommodate summer schedules. The Title IX
Coordinator may also make material changes to these procedures upon a determination that suchchanges are required by governing law. In such an event, notice of changes will be posted on theJessup website with an identification of their effective date.
This policy does not create legally enforceable protections beyond the protections of the supporting
federal and state laws which frame this policy.
This Policy and procedures are effective May 1, 2024

34

APPENDIX A: Glossary
AdvisorAn advisor is a person who provides support and guidance to a party (Complainant or Respondent)
throughout any meetings or proceedings related to complaints arising under this policy. An advisor
may be a friend, family member, attorney, or other individual. An advisor may be chosen by a party or
may be provided by Jessup when required by the procedural requirements of applicable law. It is the
responsibility of the party, not Jessup, to ensure that his or her advisor is notified of and present at
any meeting or proceeding conducted under this policy.
An advisor is generally limited to a supportive and non-participatory role in the meetings andproceedings conducted under this policy. Except as specifically provided by law, an advisor may notdirectly participate in meetings and proceedings or represent a party, nor can the advisor speak,
write, or otherwise communicate with an investigator, student conduct administrator, hearing, orappeal officer on behalf of a party. An advisor may conduct cross-examination when permitted by therequirements governing the formal hearing process set forth under Title IX.
Appeal Officer
Appeal Officer refers to the person or panel designated by Jessup to review an appeal when a formal
complaint is dismissed (in whole or part) or when a party is found responsible for sexual
discrimination or harassment.
ApplicantAn applicant is a person who is or has engaged in any determination process administered by Jessup
for the purpose of gaining admission to enrollment, membership, or matriculation in or at any
education program or activity operated by Jessup.
Complainant
A Complainant is an individual who alleges that he or she is the victim of conduct that could constitutesexual discrimination or harassment. Any person alleging sexual discrimination or harassment will bereferred to as the Complainant whether or not a formal complaint has been initiated.
Confidential Resource
A Confidential Resource is a person who is trained to help evaluate incidents of sexual discriminationor harassment and can assist in making an informed decision about next steps. A Confidential
Resource can also assist in accessing supportive resources as necessary to address specific needs.
35Confidential Resources are not obligated to report incidents of sexual discrimination or harassment
under this Policy. The Confidential Resources provided by Jessup are licensed mental healthcounselors.
Decision-Maker
A Decision-Maker is the person or panel who hears evidence, determines relevance, makes a Final
Determination of whether this Policy has been violated, and assigns sanctions where responsibility fora violation is found in the course of a grievance proceeding under this Policy.
Designated Reporter
A Designated Reporter is a Jessup employee who has the authority to take action to redress sexual
harassment or to provide supportive measures to students. For purposes of this Policy, a DesignatedReporter is a “Responsible Employee” as defined by the California Education Code. It is important tonote that California law elsewhere refers to, “Mandated Reporters” as individuals who are obligated toreport incidents of child abuse to law enforcement agencies. A Designated Reporter under this Policy
is obligated to report all incidents of sexual discrimination and harassment to the Title IX Coordinator,
whether or not the incidents involve minors and regardless of the absence of an obligation to reportchild abuse to law enforcement under any other provisions of California law.
Employee
Employee refers to a University faculty or staff member, including full-time, academic year, part-time,
regular, tenured, seasonal, student and temporary positions.
Final Determination
A final determination is a conclusion by the Decision-Maker following a formal grievance proceedingunder this policy that the alleged conduct did or did not violate this policy.
Formal Complaint
A formal complaint is a document signed by a Complainant or the Title IX Coordinator alleging that a
Respondent engaged in sexual discrimination or harassment in violation of this policy and requestingthat Jessup formally investigate the allegation(s).

36Formal Grievance Process
A formal grievance process is the method of formal resolution designated by Jessup to address aviolation of this policy following submission of a formal complaint as outlined in this policy.
Title IX Grievance Pool
The pool of Investigators, Hearing Decision Makers, Appeal Officers, and Advisors who may perform
any or all of the tasks required to conduct Jessup’s response to Reports and Formal Complaints
under this Policy.
Hearing Officer
Hearing Officer refers to the person designated by the University to conduct a hearing with bothparties before making a determination of responsibility on the allegations of sexual misconduct.
Informal Resolution
An informal resolution is a resolution of a Formal Complaint that is reached prior to the Final
Determination by a Decision-Maker, agreed to by the Parties, and approved by the Title IX
Coordinator.
Investigator
An investigator is the person(s) authorized by Jessup to gather facts about an alleged violation of thisPolicy, assess relevance, synthesize and compile evidence into an investigation report for use in theFormal Grievance procedures set forth under this Policy.
Parties
Parties means the Complainant and Respondent to any allegation brought under this policy.
Report of Discrimination or Harassment
A report of discrimination or harassment is any form of formal or informal notification of an alleged
violation of this policy made to any Responsible Employee or other person who has authority under
this policy to take action to redress sexual discrimination or harassment or provide supportive
measures to students or who has the duty to report sexual discrimination or harassment to the Title IX
Coordinator.
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Respondent
A Respondent is an individual who has been reported to be the perpetrator of conduct that could
constitute sexual discrimination or harassment.
Responsible Employee
A Responsible Employee is a Jessup employee who has the authority to take action to redress sexual
discrimination or harassment, to provide supportive measures to students, or who has the duty toreport sexual discrimination or harassment to the Title IX Coordinator. For purposes of this Policy, aDesignated Reporter is a Responsible Employee.
Supportive Measures
Supportive Measures are non-disciplinary, non-punitive individualized services offered free of charge
to restore or preserve access to Jessup programs and activities following an allegation of sexual
discrimination or harassment.
Standard of Evidence
Whether based on Title IX or SB 493, all complaints brought under this policy will be evaluated andadjudicated under the preponderance of the evidence standard. The preponderance of the evidence
standard is met when Jessup determines that it is more likely than not that the alleged misconduct
occurred, based on the facts available at the time of the decision.
Student
A student is an individual who has gained admission to any part-time, full-time, special, associate,transfer, exchange, or other enrollment, membership, or matriculation at any program or activity
operated by Jessup. A student includes an individual on approved leave, currently serving asuspension, expulsion, or interim restriction, and/or an individual who withdraws from Jessup while a
disciplinary proceeding is pending.
Third Party
Third Party refers to an individual who is not a Jessup student or employee (e.g., independent
contractors, vendors, volunteers, alumni/ae, or visitors).

38

Witness
Witness refers to an individual who may have information relevant to a report brought under thispolicy. A Witness may be a party, non-party, student, employee, or a third party.

39

APPENDIX B: Sanctions and Responsive Actions
Upon a determination of responsibility for one or more of the violations alleged under this Policy,
sanctions, remediation or other responsive actions may be implemented.
When determining a sanction or responsive action, factors considered by Jessup will include, but not
be limited to:● The nature, severity of and circumstances surrounding the policy violation(s)● The Respondent’s history of disciplinary actions at Jessup, or as documented by a priorinstitution● The necessity for sanctions or responsive actions to end the policy violation(s)● The necessity for sanctions or responsive actions to remedy the effects of the policy
violation(s) on the Complainant and/or the surrounding Jessup Community● The impact on the parties● Any other information deemed relevant by the Decision Maker(s)Sanctions will be implemented as soon as feasible, either upon the waiver or expiration of appeal oroutcome of an appeal. Any sanctions implemented by Jessup may be in addition to other actions
taken by external authorities.

Student Sanctions
The following are common sanctions that may be imposed on students following violations of thispolicy:● Written Warning. A formal statement that the student’s conduct violated a provision of thispolicy and a warning that any additional violation of any Jessup policy may result in additionalsanctions may be transmitted to the student and placed in the student’s official Student
Discipline record.
● Formal apology. A written apology to the Complainant(s)● Discretionary Sanctions. Individualized work or training assignments, Community
service (to Jessup or the local community), or other requirements may be assigned
at the discretion of the Title IX Coordinator.
● Restitution. Compensation for loss, damages or injury in the form of monetary or
material replacement. Jessup may consult legal counsel when awarding monetarydamages.
● Loss of privileges. Engagement in Jessup programs or activities may be prohibited orlimited for any duration, including the remainder of a student’s enrollment. Examples include
40

●

●

●

●

●

engagement in open hours, grant of a vehicle permit, permission to access or live inresidence halls, permission to enter dining facilities, and attendance and participation in
Jessup athletic events, music performances, drama productions, graduation exercises,
student clubs, retreats and other travel programs.
Student Life Probation. Probationary status is a period of review during which a student
must demonstrate compliance with the Student Standards of Conduct, the Jessup
Community Covenant, and other Jessup policies as designated by the Title IX Coordinator.
A student on probationary status may not hold a student leadership position and may be
restricted from participation in activities such as study abroad and athletics programs. A
typical period of probation is one or two semesters of the academic year. If additional policy
violations occur during the probationary period, escalated sanctions including suspension or
expulsion may result.
Respectable Distance Order. A Respectable Distance Order is a limitation on one student’s
permission to contact another student in order to preserve a respectable distance between
them. "Respectable distance" includes, but is not limited to, refraining from in-person contact,
telephone calls, email, texts and other forms of electronic communication, social media-based
messages or postings, and third-party communications including through proxies. Students
who are subject to a Respectable Distance Order may continue to attend class together but
may have assignments or seating arrangements adapted as necessary to maintain theirdistance. A Respectable Distance Order may last for a pre-arranged duration or until the Title
IX Coordinator (or deputy) notifies the parties in writing that they may resume contact. A
Respectable Distance order may be escalated to a No Contact order if the Complainant
reports additional unwelcome contact from the Respondent. A Respectable Distance Ordermay be issued prior to a determination of responsibility and in such cases the order will beapplied equally to all Parties as a supportive measure.
No Contact Order. A No Contact Order is a permanent revocation of a student’s permission
to contact another student(s). A No Contact Order prohibits in-person contact, telephone
calls, email, texts and other forms of electronic communication, social media-based
messages or postings, and third-party communications including through proxies. A student
who is subject to a No Contact Order may be prohibited from attending a class in which theother student is registered and may be subject to other oversight in order to ensure that nocontact occurs between the parties. Violation of a No Contact order may result in removalfrom student housing and/or suspension or dismissal from the University. A No Contact orderissued after a determination of Respondent’s responsibility will be unilateral and applied only
against the Respondent.
Residence Hall Suspension. Residence hall suspension is a temporary removal fromaccess to or living in a Jessup residential facility. No refund or credit will be issued for thetime a student is suspended from the Residence Hall.
Suspension. Suspension is a temporary removal from Jessup’s campus, programs andactivities for a specified period of time. A student on suspension may not enter campus orparticipate in any Jessup program or activity, including online programs and activities. The
duration of suspension may vary from one day to one or more semesters. Suspension will41

begin as soon as feasible after a determination of sanctions is made. The conditions for a
student’s return to campus and/or participation in Jessup programs and activities will be
specified at the time the sanction is issued. No refund of tuition, housing or other charges will
be given for the period in which a student is suspended. Jessup’s Academic Policies andProcedures prohibit faculty from providing make-up work or adapted course schedules for asuspended student. However, the Director of Student Life may assist a suspended student inaddressing any ongoing hardship caused by his or her suspension.
● Dismissal. Dismissal is permanent separation of a student from Jessup. A student who has
been dismissed from Jessup is permanently ineligible to re-enroll. No refund of tuition, housing
or other charges will be given. A dismissal will be noted permanently on the student’s officialtranscript and included in the student’s permanent disciplinary record.
● Other Sanctions. Other sanctions may be imposed as appropriate on an individualized basis,in accordance with other Jessup policies including the Jessup Student Handbook (See,“Student Conduct Process”) and the Jessup Employee Manual).
Failure to comply with the sanction(s) imposed in the letter of determination may result in further
disciplinary action, including but not limited to, a registration hold, placement on, or extension of,University probation, suspension, or permanent dismissal.

Student Organization Sanctions
Where a Jessup-recognized Student Organization is determined responsible for a violation of thispolicy, the following sanctions may be imposed in addition to those imposed against individual
members of the Student Organization:● Written Warning. A formal statement that the Student’s Organization’s conduct violated aprovision of this policy and a warning that any additional violation of any Jessup policy may
result in additional sanctions may be transmitted to the Student Organization and placed in the
Organization’s official Student Discipline record.
● Probation. The Student Organization may be placed on a probationary status during which theStudent Organization must demonstrate compliance with the Student Standards of Conduct,
the Jessup Community Covenant, and other Jessup policies as designated by the Title IX
Coordinator. A Student Organization on probationary status will be denied social and event
privileges and allotment and distribution of Jessup funding, and will be considered ineligible forJessup honors, awards, and new member recruitment.
● Suspension. Suspension of a Student Organization is a period of non-recognition for aduration of up to two (2) years or until specified criteria are met. During the suspension period,
the Student Organization may not conduct any formal or informal business or participate inJessup programs or activities on or off campus. Restoration of the Student Organization’srecognition is not guaranteed and will only be considered after the conclusion of theSuspension period based on clearance by the Title IX Coordinator.
42

● Expulsion. Expulsion of a Student Organization is permanent termination of theOrganization’s recognition by Jessup including revocation of all privileges to congregate andconduct business on any Jessup campus.
Sanctions that may be imposed are not limited to those listed. Failure to comply with the sanction(s)imposed in the letter of determination may result in further disciplinary action.

Other Responsive Actions
In addition to the imposition of sanctions, Jessup may develop and/or distribute additional educationand training for students and other members of the Jessup community aimed at ensuring safety andequal access under this policy. Examples of such training include materials that raise awarenessabout sexual assault, stalking, dating and domestic violence. Jessup may also provide increased
supervision, monitoring and/or campus safety presence in locations where violations under thispolicy are found to have occurred, and/or may revise and publicize procedures under this policy oror conduct climate surveys to ensure ongoing advancement of the goals of this policy.

Employee Disciplinary Actions
Where a Jessup employee is determined responsible for a violation of this policy, disciplinary action
will be imposed according to the provisions of the Jessup Employee Handbook.

43

APPENDIX C: Advisors
An Advisor is a person who provides support and guidance to a Party (Complainant or Respondent)
throughout any meetings or proceedings related to complaints arising under this policy. Any Party
may choose to have an Advisor present for all meetings, interviews, and hearings related to thisPolicy. A Party is not required to include an Advisor, except as legally required for cross-examination
during the Formal Hearing Process.

Who Can Serve as an Advisor
Any Party may elect to include an Advisor of his or her choice. The Advisor may be a friend, mentor,
family member, attorney, pastor or any other supportive person the Party chooses to designate, frominside or outside the Jessup community. Parties are expected to provide timely, written notice to the
Title IX Coordinator identifying any selection of an Advisor. Parties may change Advisors any timeupon providing timely written notice to the Title IX Coordinator.
Please note that selecting an Advisor who is also a Witness creates a potential bias and conflict ofinterest. A Party who chooses a Witness to act as an Advisor should anticipate that issues of potential
bias and conflict of interest will be explored by the Decision Maker(s).
The Title IX Coordinator can assist a Party in selecting an Advisor. Jessup can appoint and provide a
trained Advisor for any Party where necessitated by the procedural requirements of applicable law.
While Jessup will ensure that any Jessup-provided Advisor receives training appropriate for theprocedures followed under this Policy, Jessup does not guarantee that the Advisor provided by
Jessup will have qualifications equal to any Advisor contracted privately by any Party. Thus, if one
Party opts to engage an attorney Advisor, Jessup will not be obligated to engage an attorney for any
other Party.
A party may elect to change Advisors during the process and is not obligated to use the same Advisor
throughout. The parties are expected to inform the investigator(s) of the identity of their Advisor atleast two (2) business days before the date of their first meeting with investigators (or as soon as
possible if a more expeditious meeting is necessary or desired). The parties are expected to provide
timely notice to the University Title IX coordinator if they change Advisors at any time. Parties are
expected to inform the University Title IX coordinator of the identity of their hearing Advisor at least
two (2) business days before the hearing.

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General Expectations of Advisors
All Advisors, including attorney Advisors, are subject to the same Jessup policies and procedures.
Advisors are expected to advise their Parties without disrupting meetings or proceedings. Advisors
are not to address Jessup officials or Investigators during any meeting, interview or proceeding
unless invited to do so or to ask a procedural question. The Advisor may not make a presentation or
speak on behalf of a Party except as required to conduct questioning during the Formal Hearing
process.
A Party may consult with his or her Advisor throughout meetings, interviews and other proceedings byconferring privately or passing notes, or by requesting breaks to allow for private consultation andsupport as needed.
If an Advisor oversteps their role or causes disruption in any meeting or proceeding under this Policy,
the meeting or proceeding may be ended and other appropriate measures may be implemented,
including the Title IX Coordinator requiring the Party to select another Advisor.
The Advisor is expected to adjust his or her schedule to allow for attendance at all scheduled
meetings, interviews and proceedings under this Policy. Where the Advisor has an unavoidable
scheduling conflict, Jessup will make a good faith effort to accommodate the Advisor’s schedule,
provided such accommodation does not create an unreasonable delay. Jessup will also makereasonable provisions to allow for an Advisor’s participation in meetings and proceedings bytelephone, video conferencing or other remote means where appropriate.
The Advisor is expected to maintain the strict confidentiality of all information, records and evidence
shared in connection with any report, meeting or proceeding under this Policy.

Advisor’s Role in Meetings, Interviews and Hearings
The Parties may be accompanied by their Advisors in all meetings and interviews governed by thisPolicy, including intake meetings and preliminary assessment interviews. The Advisor should provide
ethical guidance with integrity and good faith to help the Party prepare for each meeting. The Advisor
is generally limited to a supportive role and does not directly participate in the meetings orproceedings governed by this Policy. Except as specifically provided by law, the Advisor may notdirectly represent a Party or speak, write or otherwise communicate with an Investigator, student
conduct administrator, hearing or appeal officer on behalf of a Party.
Advisors may request to meet with the Investigator and/or Title IX Coordinator in advance of meetingsand interviews to clarify their role in the process and ask questions about Jessup’s policies andprocedures.

45

During Formal Hearings, Parties are prohibited from conducting any direct questioning or
cross-examination. An Advisor must conduct any such questioning. If a Party does not have an
Advisor at a Formal Hearing, Jessup will appoint a trained Advisor for the limited purpose ofquestioning Witnesses and Parties.

Communication with Advisor
Except as specifically provided by law, an Advisor generally does not speak or write on behalf of a
Party. Parties are responsible for communicating with their own Advisors, including the responsibility
to notify their Advisors of any meeting or proceeding scheduled under this Policy. Jessup does notcommunicate directly with Advisors except that Jessup will comply with a signed, written request froma Party that all communications under this Policy be made through his or her attorney.

46

Appendix D: Informal Resolution Process
To initiate one of the informal resolution processes described above, the Complainant must first file a
Formal Complaint as described in this policy. Following the filing of a Formal Complaint, either party
may notify the Title IX Coordinator to request informal resolution.
Prior to implementing an informal resolution process, the University Title IX coordinator will provide allparties with written notice of the alleged violations and any sanctions or disciplinary measures that
may result from the outcome of the informal resolution process, including information about any
records that will be maintained or shared by Jessup.
All parties must voluntarily consent in writing to the use of informal resolution. The parties may agree,
as a condition of participation in informal resolution, that statements made or evidence shared during
the informal resolution process will not be considered in a Formal Grievance process unless all
parties consent.
The use of Informal Resolution requires approval by the Title IX Coordinator. Title IX Coordinatorretains sole discretion over whether an informal resolution process may be used and, if so, whether
an ongoing formal investigation will be paused or limited pending the outcome of the Informal
Resolution process. In determining whether to approve an Informal Resolution process, the Title IX
Coordinator will consider the following factors:● Eligibility of the Formal Complaint and agreement by both parties to engage in Informal
Resolution● The apparent likelihood of reaching resolution through informal means● The nature, severity and complexity of the allegations in the Formal Complaint● The civility of the Parties and their expressed motivation to participate in resolution● The disciplinary history of the Respondent● The skills and availability of a facilitator as appropriate to the Formal Complaint● The resources available to support the proposed Informal Resolution process● Any other factors suggesting the potential for Informal Resolution to redress the alleged
violations of this policy.
If the parties confirm their decision to proceed with an informal resolution process, the Title IX
Coordinator may facilitate informal resolution or appoint a facilitator with appropriate training toconduct an informal resolution process.
It is not necessary to participate in Informal Resolution before pursuing a Formal Grievanceproceeding, and any party participating in Informal Resolution can conclude the process at any time47

to begin or resume the Formal Grievance process. The timelines governing a Formal Grievanceprocess will be paused for the duration of any Informal Resolution process engaged in by the Parties.

If the parties to an informal resolution process reach a written agreement on all terms of theresolution, the Formal Complaint will be considered resolved. No formal grievance process will be
initiated and no part of the resolution agreement will be subject to appeal. The parties may not, by
their agreement, compel Jessup to issue specific sanctions but can agree to restrictions on their own
conduct or other courses of action intended to remedy the effects of the alleged misconduct orprevent its recurrence. Jessup may only issue sanctions based on an Informal Resolution agreement
if the agreement includes an admission of responsibility by the Respondent.
Any sanctions or other responsive actions set forth in the agreement will be implemented promptly tostop the harassment or discrimination, prevent its recurrence and remedy the effects of the alleged
misconduct both on Complainant and the Jessup community.
Failure to abide by the terms of the resolution agreement may result in additional disciplinary or other
responsive action, and may constitute grounds for a new Formal Complaint up to and including thefiling of a new Formal Complaint. The Title IX Coordinator will maintain records of the informal
resolution process and any resulting agreement.
When an informal resolution is accomplished, the appropriate responsive actions and/or mutuallyagreed upon sanctions are promptly implemented in order to effectively stop the harassment or
discrimination, prevent its recurrence, and remedy the effects of the misconduct, both on the
Complainant and the community. The University Title IX Coordinator maintains records of any
resolution that is reached, and failure to abide by the resolution agreement may result in appropriate
responsive and/or disciplinary actions.
If the parties cannot agree on all terms of resolution, the formal grievance process will be initiated orresumed at the same point where it was paused. Information disclosed during the informal resolution
process that is not already in the record (e.g., in the formal complaint or from any investigation orhearing conducted before the information resolution process starts) is confidential and cannot be
used in the formal grievance process that resumes after the informal resolution process is terminated.
Jessup will make a good faith effort to complete the informal resolution process as promptly as
circumstances permit and will update the parties on the timing and reason for any delay.

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Appendix E: Formal Grievance Process
After a Formal Complaint is filed (by either the Complainant or the Title IX Coordinator), the Title IX
Coordinator may initiate a Formal Grievance process. The Formal Grievance process is governed byfederal and state law. The Formal Grievance process includes formal investigation and a hearing to
adjudicate the Formal Complaint. The Formal Grievance process is not intended to serve as anadversarial process between the Complainant and Respondent. The Complaint does not have aburden to prove and the Respondent does not have the burden to disprove the allegations in theFormal Complaint. The Formal Grievance process is intended to serve as a means for Jessup tocomply with its legal obligations and meet the objectives of this policy.
Jessup may rely on an internal Formal Grievance Pool and/or a contracted service with appropriate
training and experience to carry out the Formal Grievance process.

Formal Grievance Process Pool
The Formal Grievance Process relies on a pool of administrators (“the Pool”) to carry out the process.
Members of the Pool are appointed by the Title IX Coordinator in consultation with the University
President to act with independence and impartiality. The Title IX Coordinator can provide a list of thecurrent members of the Pool upon request.
Members of the Pool receive comprehensive, trauma-informed training annually and can serve in thefollowing roles as assigned by the Title IX Coordinator:
●
●
●
●
●
●

Provide initial intake and guidance pertaining to reports and complaints
Advisors to parties
Formal Investigations
Hearing Facilitator
Decision Maker
Appeal Decision Maker

Hearing Process
Provided that the Formal Complaint has not been resolved through Informal Resolution, once theFormal Investigation is complete the Title IX Coordinator will refer the matter for a live hearing. The
hearing cannot be held less than ten (10) business days from the transmission of the final
investigation report to the Parties and the Decision Maker, unless all parties and the Decision Maker
agree in writing to an expedited timeline.
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The Title IX Coordinator will select an appropriate Decision Maker from the Pool or outside contractor
and provide a copy of the Investigation Report and file of directly related evidence. The Decision
Maker may be a single Decision Maker or a three-member panel, at the discretion of the Title IX
Coordinator. If a single Decision Maker is appointed, that individual will also Chair the hearing. If apanel is appointed, the Title IX Coordinator will designate one of the panel members as the hearing
Chair. Panel substitutions may be made from the Pool as necessary throughout the hearing process.
In order to preserve an impartial process, appointments will adhere to the following limitations:1) The Decision Maker(s) will not have had any previous involvement with the Formal Complaint.
2) Investigators will not serve as Decision Makers.
3) An Advisor to any Party may not serve as a Decision Maker.
4) The Title IX Coordinator may not serve as a Decision Maker or Chair. The Title IX Coordinatormay, however, serve as an administrative facilitator for the hearing if no conflict of interest isfound.
The hearing will convene at a time and venue determined by the Title IX Coordinator or designee.

Notice of Hearing
No less than ten (10) business days prior to the hearing, the Title IX Coordinator or Chair will send
notice of the hearing to the Parties. Once transmitted by mail, email or in-person delivery, notice will
be presumptively delivered. The notice will contain:● A description of the alleged violation(s), a list of all policies alleged violated, a description of
the applicable hearing procedures and a statement of the potential sanctions and/or
responsive actions that may result.
● The time, date and location of the hearing.
● A description of any technology that will be used to facilitate the hearing.
● Information about the option to request that the Parties be located in separate rooms during
the Hearing, with technology available which will enable the Decision Maker(s) to see and hear
Parties and Witnesses during the hearing. Such a request must be submitted to the Title IX
Coordinator five (5) business days prior to the hearing.
● Information about whether the hearing will be recorded and, if so, how the Parties can accessthe recording after the hearing.
● A statement that if any Party or Witness does not appear at the scheduled hearing, the hearing
may be held in their absence.
● Notification of the Parties’ right to have the assistance of an Advisor throughout the hearing,and the Parties’ obligation to have an Advisor present for any questions they desire to ask. Any
Party who desires to conduct cross-examination at the Hearing is required to have an Advisor
present. If a Party does not have an Advisor but wishes to conduct cross-examination, Jessup
will appoint an Advisor limited to this purpose.
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● A statement that repetitive, irrelevant or harassing questions are prohibited.
● A statement that Parties may note any objections to questions in the Hearing record.
● A copy of all materials provided to the Decision Maker, unless they have already been
provided.
● An invitation to each Party to submit a written impact statement to the Hearing Chair forconsideration in determining sanctions, if any.
● An invitation to contact the Title IX Coordinator for arrangement of any disability
accommodations, language assistance, and/or interpretation services that may be required at
the Hearing. Such requests must be submitted at least seven (7) business days prior to thehearing.
● A statement that no mobile phones or personal devices will be allowed into the Hearing.

Pre-Hearing Preparation
At least ten (10) business days prior to the hearing, the hearing Chair will confirm that the names ofall persons asked to participate in the hearing, all pertinent evidence, and the final investigation report
have been transmitted to the Parties.
Only witnesses who have given previous statements to the Investigator(s) may be scheduled toparticipate in the Formal Hearing, unless all Parties and the Chair agree to an exception. No evidence
may be admitted at the Hearing unless previously submitted during the course of the Formal
Investigation, unless all Parties and the Chair agree in writing to the inclusion of the proposed new
evidence. If the Parties and Chair do not agree to the inclusion of a new witness or evidence, theChair may, at his or her discretion, delay the hearing to allow for the completion of a supplemental
investigation following the investigation procedures set forth in this policy.
At least five (5) business days prior to the hearing, the Title IX Coordinator will provide the Decision
Maker(s) the names of all Parties, Witnesses and Advisors. The Decision Maker(s) will review the list,
notify the Title IX Coordinator if a personal bias or conflict of interest exists and, if so, recuse
themselves from the hearing. The Title IX Coordinator can assist the Decision Maker(s) in making thisdetermination.
At least five (5) business days prior to the hearing, the Title IX Coordinator will provide the Parties thenames of the hearing Decision Maker(s). All objections to the appointment of a Decision Maker mustbe submitted in writing, detailing the rationale for the objection, to the Title IX Coordinator at least two(2) business days prior to the hearing. Removal of a Decision Makers will be at the sole discretion of
the Title IX Coordinator and only on the basis that the Decision Maker’s actual or perceived bias orconflict of interest would preclude an impartial hearing process.

Pre-Hearing Meetings
At his or her discretion, the Chair may convene a pre-hearing meeting(s) with the Parties and/or their
Advisors so that the Chair can rule on the relevance and admissibility of questions and topics that the51

Parties wish to discuss at the hearing. The Chair may also consider arguments regarding therelevance of evidence compiled by the Investigator, whether or not such evidence is included in the
final investigation report. The pre-hearing meeting(s) may be conducted as separate meetings witheach Party/Advisor, remotely, or as a written-only exchange. The pre-hearing meeting(s) will not berecorded.
Student parties shall have the opportunity to submit written questions for any other Party to the
Hearing Chair in advance of the hearing.
The Chair will document and share with the Parties the rationale for any decisions made during the
pre-hearing meeting(s). The opportunity for advance review does not preclude the Advisors fromintroducing new questions at the hearing or seeking reconsideration of a prior ruling by the Chairduring the course of the hearing. The Chair may consult with legal counsel and/or the Title IX
Coordinator or ask either or both to attend pre-hearing meetings.

Hearing Procedure and Recording
At the hearing, the Decision Maker(s) will hear evidence and make determinations on all allegationsin the Formal Complaint. Participants in the hearing will include the Chair, any additional Decision
Maker(s), the hearing facilitator, the Investigator(s), the Parties, Advisors, Witnesses, the Title IX
Coordinator, and anyone providing pre-authorized disability accommodations, interpretation and/or
assistive services.
All questions of procedure will be answered by the Chair.
Anyone appearing at the hearing to provide information will respond to questions on their own behalf.
The Chair will excuse Witnesses when not providing evidence or responding to questions.
The Investigator will remain present for the duration of the hearing.
Jessup will record the hearing (but not deliberations) for purposes of an appeal. No other recordings
will be permitted. The hearing recording and/or a transcript of the hearing may be reviewed by theDecision Maker(s), the Parties and their Advisors, and Jessup administrators as appropriate. No
copies of the hearing recording and/or transcript may be made absent written permission of the Title
IX Coordinator.

Order of Hearing
At the start of the hearing, the Chair will introduce the participants and explain the procedures. Parties
will be given a final opportunity to challenge the appointment of the Decision Maker(s) based on bias

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or conflict of interest. The final decision on such a challenge will be made by the Title IX Coordinator.
The Chair will continue to guide all matters of procedure throughout the hearing.
At the start of the hearing and throughout, the hearing facilitator will manage the logistics of recording
the hearing, escorting witnesses in and out of the hearing space, curation and distribution of
documents, separation of the parties and other administrative elements as appropriate.
The first witness to provide evidence will be the Investigator(s). The Investigator(s) will present asummary of the final investigation report, including items that have been contested, and will then be
subject to questioning by the Decision Maker(s), followed by the Complainant(s) (through an Advisor)
and the Respondent(s) (through an Advisor). The Investigator(s) will not be asked for, or provide,
opinions on the credibility, recommended findings or recommended determinations. If suchinformation is inadvertently introduced, the Chair will direct the Decision Maker(s) to disregard it.
After the conclusion of the Investigator’s testimony, the Parties and Witnesses may provide relevant
information. The Complainant will be recognized first, followed by the Respondent, followed by other
Witnesses in the order determined by the Chair. Each Party and Witness may be questioned by theDecision Maker(s) and then by other Parties (through their Advisors). For allegations based on theprovisions of Title IX, cross-examination must be conducted by a party’s Advisor and never by the
Party personally. For allegations based solely on the provisions of the California Education Code, any
cross-examination of either Party or Witness shall not be conducted directly by a Party or Party’s
Advisor, but only by the Hearing Decision Maker(s). IIf a Party does not have an Advisor present at
the live hearing, Jessup will provide without fee or charge to the Party an Advisor of Jessup’s choice,
who may be, but is not required to be, an attorney, limited to the purpose of conducting
cross-examination on behalf of that Party.
Questions by the Parties will be presented in the following manner: The Chair will recognize an
Advisor to a Party, who will remain seated and state a question. Written submission of questions may
be permitted if agreed to by all Parties and the Chair. The Chair will then pause to consider the
relevance of the question. If the relevance of the question is unclear, the Chair may invite the Advisor
to explain its relevance. If the Chair determines that a question is irrelevant, the Chair will disallow thequestion or cause it to be rephrased. If the Chair allows the question to be asked, the Witness or
Party will then answer.
Questions that are irrelevant, unduly repetitious or abusive will be disallowed by the Chair. The Chair
may consult with legal counsel in making such determinations. All determinations of relevance anddisallowance of questions by the Chair will be final.
Any Party shall have the opportunity to note an objection to any question posed. Jessup may limit
such objections to written form, and neither the hearing officers nor Jessup is obligated to respond,
other than to include any objection in the record.

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An Advisor may not be called as a Witness to testify about what the Party to whom they are serving
as an Advisor has said during the course of the grievance process.
Any Party or Witness may decline to offer evidence and/or decline to answer questions (or opt not toattend the hearing). If a Party or Witness does not submit to cross-examination at the live hearing, theDecision Maker(s) must not rely on any statement of that Party or Witness in reaching adetermination regarding responsibility. The Decision Maker(s) will rely only on the relevant evidence
presented through the Investigation report and hearing process in making a determination of
responsibility. However, the Decision Maker(s) may not draw any inference regarding a determinationof responsibility based solely on the absence of a Party or Witness or a Party’s or Witness’s refusal toanswer cross-examination or other questions.
After all relevant and available evidence and testimony has been presented to the Decision Maker(s),the Chair will excuse the Investigator(s), any Witnesses who remain present, and the Parties to begin
the deliberation phase.

Deliberation
The Decision Maker(s) will deliberate in closed session to determine whether the Respondent is
responsible for the policy violation(s) alleged in the Formal Complaint. A simple majority vote will be
sufficient to make a determination. The Facilitator may be included in the closed session to address
procedural and administrative needs, but will not address the substance of the allegations.
When a finding of responsibility is made, the Decision Maker(s) will then determine appropriate
sanctions. In determining sanctions, the Decision Maker(s) will consider any impact or mitigation
statements previously submitted by the Parties and any pertinent conduct history submitted by
Jessup. The Chair will then provide a written deliberation statement detailing all findings and final
determinations, evidence and rationale used in making such findings and determinations (including
credibility assessments), and a recommendation of sanctions to the Title IX Coordinator. Unless
granted an extension by the Title IX Coordinator, such statement of deliberation outcome will be
submitted to the Title IX Coordinator within two (2) business days of the conclusion of thedeliberations.

Notice of Outcome
Upon receipt of the deliberation statement the Title IX Coordinator will prepare a Notice of Outcome
and transmit it to the Parties simultaneously within ten (10) business days by mail, email or in-persondelivery.
The Notice of Outcome will include the following information:54

● An enumeration of the specific policy violations alleged in the Formal Complaint along with thedetermination of responsibility or non-responsibility made regarding each violation and asummary of the supporting evidence, findings of fact and rationale for each determination.
● A summary of procedural steps taken by Jessup from the receipt of the initial misconduct
report to the final determination, including the dates and forms of any and all notices to theParties, interviews with Parties and Witnesses, and methods used to obtain evidence.
● Conclusions regarding the application of Jessup’s code of conduct to the facts.
● A statement of, and rationale for, any disciplinary sanctions Jessup will impose on the
Respondent, and whether any remedies designed to restore or preserve equal access toJessup’s education program or activity will be provided by Jessup to the Complainant;● The date by which the results of the deliberation will be considered final by Jessup, along withinformation about the procedures and permissible bases for the Complainant and Respondent
to appeal.

Resolution Timeline
Jessup will make a good faith effort to complete the Formal Grievance Process within sixty to ninety(60-90) business-days, including any available appeal. However, the Title IX Coordinator may extend
this time period as necessary. In such cases the Title IX Coordinator will provide notice and rationale
for any delays.
Formal Hearings concerning conduct alleged to have occurred near or after the end of an academic
term will typically be held immediately after the term or during the summer as needed, in order tomeet the 60-90 day resolution timeline.

Separate Hearing Rooms
At the request of either party, Jessup will provide for the live hearing to occur with the parties locatedin separate rooms with technology enabling the Decision Maker(s) and Parties to simultaneously see
and hear the Party or the Witness answering questions.

Remote Hearings
At the discretion of the Title IX Coordinator, the Formal Hearing may be conducted through remotetechnology or the Parties and Witnesses may appear at the Formal Hearing through remotetechnology provided that a request to do so is submitted in writing to the Title IX Coordinator at least
five (5) business days prior to the hearing and that remote testimony can be allowed withoutcompromising the fairness of the hearing. Any use of remote technology must enable the Decision
Maker(s) to both see and hear individuals appearing in this manner.

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Joint Hearings
Where a Formal Complaint is brought against multiple Respondents, or by multiple Complainantsagainst the same Respondent, a joint Formal Hearing will be the default procedure. However, the Title
IX Coordinator may, at his or her discretion, permit separate proceedings (including separate
investigations) given a compelling reason to do so. In cases of a joint hearing, separate
determinations of responsibility will be made for each Respondent.

Evidentiary Considerations
Formal Hearings conducted under this policy will be adjudicated under the preponderance of theevidence standard. The preponderance of the evidence standard is met when Jessup determines that
it is more likely than not that the alleged misconduct occurred, based on the facts available at the timeof the decision.
The following evidence will be excluded from consideration in determining responsibility during theFormal Hearing process:1) Evidence of incidents not relevant or directly related to the alleged violations of this policy,
unless such incidents evidence a pattern of misconduct;
2) Evidence about the Complainant’s sexual predisposition unless advanced by the Complainant;3) Questions and evidence about the Complainant’s sexual behavior prior or subsequent to theincident(s) at issue in the Formal Complaint, except such questions and evidence offered toprove that someone other than Respondent committed the misconduct alleged in the Formal
Complaint or questions and evidence about the Complainant’s prior sexual conduct with the
Respondent, offered to prove consent.
4) Evidence of previous disciplinary action against the Respondent, unless offered to prove apattern of misconduct. However, such evidence may be considered to determine appropriate
sanctions following a finding of responsibility, following Jessup’s policy of progressive
discipline.

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Appendix F: Appeals
Any Party may submit a written request for appeal (“Request for Appeal”) to the Title IX Coordinatorwithin ten (10) business days of the transmission of a Notice of Outcome. The Title IX Coordinator will
designate either a single Appeal Decision Maker or an Appeal Panel consisting of three (3) members,
one of whom will be designated as the Chair. No person who has been previously involved in the
Resolution Process for the Formal Complaint may be designated as an Appeal Decision Maker.
The Appeal Decision Maker(s) will first review the Request for Appeal to determine whether therequest states grounds for an appeal. This review will not consider the merits of the appeal but will
focus solely on whether the appeal was timely filed and states an appropriate grounds for appeal.

Timeliness
A Request for Appeal must be submitted to the Title IX Coordinator in writing within ten (10) businessdays of the transmission of a Notice of Outcome. No appeal will be considered after expiration of thetime to file a Request for Appeal.

Grounds for Appeal
Appeals are limited to the following grounds:● A procedural irregularity affected the outcome of the Resolution Process.
● New evidence that was not reasonably available at the time of the determination of
responsibility or dismissal has become available and could affect the outcome of the
Resolution Process.
● The Title IX Coordinator, Investigator(s) or Decision Maker(s) had a conflict of interest or biasthat affected the outcome of the Resolution Process.
Grounds for appeal must be clearly stated within the Request for Appeal. If the Request for Appeal is
not based on the grounds set forth in this section, the Appeal will be denied. The Chair will notify theParties of the denial and basis of denial in writing.
If the Appeal Decision Maker(s) finds that the Request for Appeal is timely and states grounds forappeal, the Appeal Chair will notify all Parties, the Title IX Coordinator and, where appropriate, theInvestigator and/or original Decision Maker(s) in writing. Such notice will state the approved grounds
for appeal and provide a copy of the Request for Appeal. The notice will also provide ten (10)business days for Parties, the Title IX Coordinator and, where appropriate, the Investigator and/or
original Decision Maker(s) to submit a written response to the portions of Request for Appeal that are
relevant to their involvement, and/or their own Request for Appeal. Any responses will be forwarded
to the Appeal chair and the Parties for review and comment. A Request for Appeal filed by a57

responding party will be circulated for review and comment following the same procedures articulated
in this paragraph.
Following the expiration of the review period, neither party may submit any new requests for appeal.
The Appeal Chair will collect any additional information and documentation necessary to consider theappeal and will circulate all such documentation to the Appeal Decision Maker(s) for a determination.
The Appeal Panel or Decision Maker will render a decision within ten (10) business days, unless thecircumstances necessitate a delay. The decision will be by majority vote, applying the preponderanceof the evidence standard.
A Notice of Appeal Outcome will be sent to all Parties simultaneously. The Notice of Appeal Outcome
will specify:● Each ground for appeal considered and the specific findings and determinations made.
● Any specific instructions for remand or reconsideration by the original Decision Maker(s) orTitle IX Coordinator.
● Any sanctions that may result from the reconsideration which Jessup is permitted to shareaccording to state or federal law.
The Notice of Appeal Outcome will be made in writing and transmitted by the following methods: inperson delivery, mail to the local or permanent address on file in Jessup’s official records, or emailed
to a Jessup-issued email address. Once transmitted the notice will be considered delivered.

Appeal Considerations
The appeal process does not provide for a full re-hearing of the allegations in the Formal Complaint.
In most cases, an appeal is confined to a review of the written documentation or record of the original
hearing and any pertinent documentation regarding the specific grounds for appeal.
The Appeal Decision Maker(s) are to be deferential to the original determination and will not
substitute their judgment for that of the original Decision Maker(s) based solely on a disagreement.
Changes to the original findings must be based on a finding of clear error and revisions of the original
sanctions will require a compelling justification.
The Appeal Decision Maker(s) may consult with the Title IX Coordinator and/or legal counsel on any
questions of procedure or rationale. Any such consultation will be documented in writing (subject toapplicable legal privileges).
The outcome of the appeal is final. No additional appeals will be permitted except to the extent thatthe outcome of the appeal remands any issue for rehearing following the procedures for a Formal
Hearing set forth in this policy.

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Where the outcome of appeal results in the Respondent’s reinstatement or resumption of privileges,
all reasonable attempts will be made to restore the Respondent to his or her prior status, recognizingthat some opportunities may be irreparable.

Status of Sanctions Pending Appeal
Pending the outcome of the appeal process, any sanctions imposed as a result of the original
determination of responsibility will be stayed. However, supportive measures may still be
implemented and/or continued subject to the procedures described in this policy. Where necessary,
emergency removal procedures described in this policy may be used to ensure safety and equal
access during the time sanctions are stayed pending the outcome of appeal.

59Appendix G: False or Malicious Allegations and Retaliation
Allegations which are erroneous but made in good faith will not be subject to disciplinary action under
this Policy. However, deliberately false and/or malicious allegations under this Policy are a serious
offense and will be subject to disciplinary action. Witnesses and Parties who knowingly provide false
evidence, or who destroy or tamper with evidence after being directed to preserve such evidence will
be subject to disciplinary action.
Jessup strictly prohibits retaliation for participation in any process set forth under this Policy. No
individual may intimidate, threaten, coerce or discriminate against another individual for the purposeof interfering with any right or privilege secured under this Policy or because the individual has madea report or complaint, testified, assisted, participated or refused to participate in any meeting,investigation or other proceeding under this Policy.
The policies and procedures set forth in this Policy may not be used for retaliatory purposes.
Counterclaims may be filed under this Policy subject to the same provisions governing any other
Report of Formal Complaint. Where retaliation is found to be the purpose of a claim or counterclaim
filed under this Policy, discipline may be imposed against the claimant.

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Appendix H: Required Trainings
Jessup will make the materials used to train Title IX Coordinators, Investigators, Decision Maker(s),and any other people who facilitate the informal resolution process publicly available on the Jessup
website. These individuals will receive regular training, at least annually, on the definition of prohibited
conduct under this Policy, the jurisdiction of the Policy, and how to participate in the grievanceprocesses outlined in this Policy as well as issues related to domestic violence, dating violence,
sexual assault, and stalking. The training will include avoidance of bias and conflict of interest andtrauma-informed investigation and intake procedures. Investigators will receive training on issues of
relevance to create an investigation report that fairly summarizes relevant evidence. Decision-makers
will receive training on issues of relevance of questions and evidence, including when questions andevidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant.
Any materials used to train the University Title IX coordinator, investigators, decision-makers, and any
person who facilitates an informal resolution process, will not rely on sex stereotypes and will promote
impartial investigations and adjudications of Formal Complaints of Sexual Misconduct.
Jessup will make these training materials publicly available on the University's website athttps://my.jessup.edu/titleix/

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