Grievance Process — Investigatory and Adjudicatory Procedures

Munson is committed to providing a prompt, fair, and impartial investigation and resolution to all allegations of sex discrimination, sexual harassment, sexual assault, domestic/dating violence, stalking and any other form of sexual misconduct.

Initial Steps

Intake Meeting with Complainant

Upon notice of any allegation of sexual misconduct, the Title IX Coordinator will schedule an individual intake meeting with the Complainant as soon as practical. At the intake meeting, the Title IX Coordinator will provide the Complainant with a general understanding of this policy, and identify forms of support or immediate assistance available to the Complainant (e.g., referrals to appropriate law enforcement agencies; referrals for medical treatment at local hospitals and trauma centers). The Title IX Coordinator will also provide the Complainant with a copy of this policy. The intake meeting may also involve a discussion of any supportive measures or accommodations that may be appropriate concerning the Complainant’s academic schedule, Munson housing, and/or Munson employment arrangements.

At the initial intake meeting, the Title IX Coordinator will seek to determine how the Complainant wishes to proceed, (i.e., whether the Complainant wishes to pursue Formal Resolution, Informal Resolution, or does not wish to pursue resolution of any kind). If the Complainant wishes to proceed with either Formal Resolution or Informal Resolution, the Title IX Coordinator will encourage the Complainant to promptly submit a formal complaint, which is a signed, written statement of his/her narrative of the incident. A formal complaint is necessary to initiate Munson’s grievance process, meaning an investigation and adjudication process. A third-party or anyone other than the victim of the misconduct may not file a formal complaint. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail to:

Eva Gibbons
Director of Human Resources
310 Genesee St.
Utica, N.Y. 13502
315-797-0000 ext. 2116
egibbons@munson.art

Investigation

Where a formal complaint has been filed, and in the absence of an informal resolution, Munson will appoint an investigator to conduct an investigation into the allegations in the formal complaint.

The Title IX Coordinator will promptly appoint a trained Investigator to conduct the investigation.

Munson may appoint any qualified investigator, who may be a person internal or external to Munson. The Title IX Coordinator also may appoint more than one investigator in his/her sole discretion.

The Complainant and Respondent will be provided with notice of the name of the appointed investigator and an opportunity of not more than two calendar days after the notice to raise an objection to the investigator based on any alleged conflict of interest known to the party. If an objection is raised, the Title IX Coordinator will determine whether a conflict of interest in fact exists and necessitates the replacement of the investigator.

The purpose of investigation is to gather any and all information relevant to a report of sexual misconduct. The Complainant and Respondent shall receive a Notice of Investigation and Allegations (NOIA) referencing the violation(s) of this policy alleged to have been committed and the range of possible disciplinary sanctions and remedies following any determination of responsibility.  The NOIA will include, to the extent known:

  • the identities of the involved parties;
  • the date, time, location and factual allegations concerning the alleged violation;
  • the policy provisions allegedly violated;
  • a description of the investigation and adjudication process;
  • potential sanctions;
  • the right to an advisor of their choice, who may be, but is not required to be, an attorney;
  • their right to inspect and review evidence in accordance with this policy; and
  • that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the process

If, in the course of the investigation, Munson decides to investigate allegations that are not included in the notice initially provided to the parties, the Title IX Coordinator or designee will provide notice of the additional allegations to the parties.

The Complainant and Respondent will be provided with advance written notice of the date, time, location, participants, and purpose of any meeting or interview in which they are invited to or expected to participate.  The Complainant and Respondent will be given an equal opportunity to present separately  information in the context of the investigation. This includes the opportunity to present fact or expert witnesses and other evidence that the party believes tends to prove or disprove the allegations. However, at all times, the burden of gathering evidence remains with Munson. The Investigator will meet individually with parties involved, and may interview witnesses and collect and review such evidence as the Investigator deems necessary or helpful to his or her investigation into the alleged sexual misconduct, including written statements from the parties involved. The investigator may decline to interview any witness or to gather information the investigator finds to be not relevant or otherwise excludable (e.g., sexual history of the complainant with a person other than the respondent, materials subject to a recognized privilege, medical records in the absence of a release by the subject of the records, etc.). The investigator will determine the order and method of investigation.

No unauthorized audio or video recording of any kind is permitted during investigation meetings or interviews.

Munson endeavors to complete the investigatory phase within 30 days, but this timeframe may be extended if necessary under the circumstances.

Opportunity for Inspection and Review of Evidence

The Complainant and Respondent will be provided an equal opportunity to inspect and review any evidence obtained in the investigation directly related to the allegations gathered in the investigation and regardless of whether the information will be relied on in reaching a determination. The parties and their advisors may not make photocopies or take photographs of the materials and are prohibited from disseminating any of the materials subject to inspection and review with any individuals outside of those engaged in the grievance process. Prior to the conclusion of the investigative report, the Complainant and Respondent, and each party’s advisor of choice, if any, will be provided a copy (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform) of the evidence, subject to redaction permitted and/or required by law. The Complainant and Respondent will be provided with at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report. The investigator will determine if additional investigation is necessary and, if so, will complete any additional investigative steps.

Investigative Report

At the conclusion of the investigation, the investigator will complete a written investigative report that fairly summarizes the relevant evidence. The investigator need not include information in the investigative report that the investigator determines not relevant or otherwise excludable. The investigator will submit the investigative report to the Title IX Coordinator. At least 10 calendar days prior to a hearing to determine whether there is responsibility for the allegations, the Complainant and Respondent, and each party’s advisor if any, will be provided a copy of the final investigative report (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform), subject to redaction permitted and/or required by law.

An Adjudicator will then be assigned and a hearing scheduled no sooner than 10 calendar days after receipt of the final report.

Formal Resolution – Hearing Procedures

At the conclusion of the investigation, the Title IX Coordinator will appoint a trained Adjudicator from a pool of specially trained officials taking into account the circumstances of the case, including the status of the Respondent as a student, faculty member, employee, or non-community member. In certain cases, the Title IX Coordinator may decide, in his/her discretion, to assign an Adjudicator who is external to Munson to conduct the hearing.

The Title IX Coordinator will send the Complainant and Respondent written notification of the identity of the Adjudicator. A party wishing to challenge the participation of the Adjudicator must notify the Title IX Coordinator, in writing, within two business days of receipt of the notice of the Adjudicator, stating the specific reason(s) for the party’s objection. The Title IX Coordinator will determine, in his/her discretion, whether the party’s challenge to the Adjudicator has merit and, if so, will assign a new Adjudicator. The Title IX Coordinator will notify the parties in writing of the date, time, and location of the hearing.

Participants in the hearing will include the Adjudicator, the Complainant and the Respondent, their respective advisors, the investigator(s) who conducted the investigation, and witnesses (solely during their own testimony). Hearings are private. Observers or additional support personnel, other than the parties’ advisors, are not allowed unless deemed necessary by the Title IX Coordinator for purposes such as accommodation of a disability. Cell phones and recording devices may not be used by the parties or their advisors in the hearing room(s).

The Title IX Coordinator may postpone the hearing for good cause as determined by the Title IX Coordinator.  Good cause may include, without limitation, unavailability of one or more participants due to unanticipated events or circumstances, the timing of academic breaks or holidays, or other extenuating circumstances.

Conduct of the Hearing

The hearing will be conducted as follows:

  • Both parties will be given an opportunity to make an Opening Statement.
  • The Adjudicator may, at his/her discretion, ask questions of the Investigator and/or any party or witness directly as part of the hearing process. Questions for the investigator, the other party, and any witnesses may, if desired, be asked on behalf of the Complainant and Respondent by their respective advisors.  However, questions that seek disclosure of information protected under a legally recognized privilege will not be permitted unless the person or entity holding the privilege has waived the privilege in writing.
  • Only relevant questions may be asked by a party’s advisor to a party or witness. Before the party or witness answers a question posed by an advisor, the Adjudicator will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Such decisions by the Adjudicator are final and not subject to further objection or reconsideration during the hearing.
  • At the end of the hearing, both parties will have the opportunity to make a Closing Statement.
  • Both the Complainant and the Respondent may have an advisor, of their own choosing, present to support and accompany them during hearing. If a party does not have an advisor present at the hearing, Munson will provide, without fee or charge to that party, an Institution Advisor of Munson’s choice for the limited purpose of conducting questioning on behalf of that party. No later than two days prior to the hearing, both the Complainant and Respondent shall inform that Title IX Coordinator whether they have an Advisor of Choice who will be attending the hearing.
  • The hearing will take place in person or over technological platforms, such as Zoom, with technology enabling the Adjudicator and the parties to simultaneously see and hear any party or witness providing information or answering questions. If either party so requests, the hearing will be conducted with the parties located in separate rooms using technology as described in the preceding sentence.
  • Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant at any stage of this process, other than questions and evidence about the Complainant’s prior sexual behavior that (a) are offered to prove that someone other than the Respondent committed the alleged misconduct, or (b) concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. Similarly, questions and evidence about any party’s medical, psychological or other similar records are not relevant unless the party has given voluntary, written consent.
  • During the hearing, advisors will have the opportunity to question witnesses and the other party. All questions will be assessed by the Adjudicator for relevance.
  • At no time will the Complainant and Respondent be permitted to question each other.

Formal rules of evidence will not apply. Except as otherwise expressly prohibited by this Policy, any information that the Adjudicator determines is relevant may be considered, including hearsay, history and information indicating a pattern of behavior, and character evidence. All evidence previously made available to the parties for inspection and review prior to completion of the investigative report as described above will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of questioning.

If a party or witness does not submit to cross-examination at the hearing by a party’s advisor as described above, the Adjudicator may nevertheless rely on statements of that party or witness, during the hearing or otherwise, in reaching a determination regarding responsibility, but may also determine what significance to afford those statements in view of the lack of questioning. The Adjudicator will not draw any inference as to responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer any or all questions.

The hearing will be recorded through either an audio recording or transcript. That recording or transcript will be made available to the parties, upon request, for inspection and review. Prior to obtaining access to the recording or transcript, the parties and their advisors must acknowledge in writing that they will not disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the grievance process.

Upon the conclusion of the hearing process, both the Complainant and Respondent shall have access to a full and fair record of the hearing. The record of the Adjudicator’s hearing shall be protected from public release until a final determination is made. A final determination is made under this policy when no appeal of the decision of the Adjudicator is sought, or in the event of an appeal, when the decision of the Appeals Officer(s) is communicated to the Complainant and Respondent. Any public release of the full and fair record of the hearing shall be made in accordance with Munson policy and federal and state laws.

Determination  

Following conclusion of the hearing, the Adjudicator will deliberate and render a determination as to whether the Respondent is responsible or not responsible for the alleged violation(s). The Adjudicator will use a “preponderance of the evidence” standard to determine whether each alleged violation of this policy occurred. A preponderance of the evidence means that information shows it is “more likely than not” that the Respondent violated this policy.

Sanction

The sanction(s) for a violation of this policy will be based on a consideration of all of the circumstances, including the severity of the conduct and the Respondent’s disciplinary history. The range of sanctions imposed may include, but are not limited to, any one or more of the following:

  • Reprimand or warning
  • Change in academic schedule
  • Disciplinary probation
  • Revocation of honors or awards
  • Restricting the Respondent’s access to Munson facilities or activities
  • Community service
  • Issuing a “no-contact” order to the Respondent or requiring that such an order remain in place
  • Loss of attendance and/or participation privileges for social functions or Munson programs
  • Change or removal of housing assignment and/or housing privileges
  • Letter of reprimand
  • Change of job assignment and/or work location
  • Loss of employment
  • Suspension (limited time or indefinite)
  • Demotion or reduction in pay
  • Expulsion
  • Revocation of degree

Each party may submit a written personal impact statement to the Title IX Coordinator for consideration by the Adjudicator in determining an appropriate sanction if there is a finding of responsibility on one or more of the charges. The parties must submit their statements to the Title IX Coordinator within 24 hours after the conclusion of the hearing. The Title IX Coordinator will provide each of the parties an opportunity to review any statement submitted by the other party.

In making a determination regarding sanctions, the Adjudicator may consider the parties’ impact statements, if any; the nature and severity of, and circumstances surrounding, the violation(s); the need to remedy the effects of the conduct on the Complainant and/or the community; the impact of potential sanctions on the Respondent; sanctions imposed by Munson in other matters involving comparable conduct; and any other lawful factors deemed relevant by the Adjudicator. The Adjudicator may also consult with the Title IX Coordinator and other appropriate Munson officials. The Respondent’s disciplinary history, including, but not limited to, past findings of domestic violence, dating violence, stalking or sexual assault, may also be considered for purposes of determining an appropriate sanction.

A final determination letter will be issued to the Respondent and the Complainant. Both parties, concurrently, will receive a copy of this determination letter to the extent permitted by law. The determination letter will include the following information: (i) the name of the Respondent; (ii) a description of the charges that were adjudicated; (iii) a description of the procedural steps taken from the submission of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; (iv) whether the Respondent has been found responsible or not responsible for specific violation(s) of this policy; (v) conclusions regarding the application of the Policy to the facts; (vi) factual findings supporting the determination; (vii) the sanction imposed, if any; (viii) the rationale for the decision and sanction; (ix) whether remedies designed to restore or preserve equal access to Munson’s educational programs or activities will be provided to the Complainant; and (x) a notation regarding the right to appeal, including the procedures and permissible bases for the Complainant and Respondent to appeal.

For those crimes of violence that Munson is required by federal law to include in its Annual Security Report, the transcripts of students found responsible after a hearing and appeal, if any, shall include the following notation:

  • Suspended after a finding of responsibility for a code of conduct violation;
  • Expelled after a finding of responsibility for a code of conduct violation; or
  • Withdrew with conduct charges pending

Transcript notations for suspensions may be removed at the discretion of Munson, but no earlier than one year after the conclusion of the suspension. Transcript notations for expulsion shall not be removed.

Appeal

The Complainant and Respondent, if a student, faculty member or employee, may file an appeal of the determination of the Adjudicator. A respondent or complainant may also appeal Munson’s dismissal of a formal complaint or any allegations therein. When a party requests an appeal, the other party will be notified.

A party has four grounds under which to appeal Munson’s determination: (i) the Adjudicator committed procedural errors that had a direct impact on the decision or a procedural irregularity that affected the dismissal of the matter, (ii) there is new evidence that has come to light that could have a direct impact on the outcome and which was not reasonably available before or during the investigation and/or hearing before the Adjudicator, (iii) a claim that the sanctions are not consistent with past practices or the severity of the alleged sexual misconduct and (iv) the Title IX Coordinator, investigator(s), or Adjudicator had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the determination regarding responsibility or dismissal of the matter. The professional experience of an individual need not disqualify the person from the ability to serve impartially. Furthermore, bias is not demonstrated by working in complainants’ or respondents’ rights organization

Sanctions imposed by the Adjudicator will remain in effect until any timely appeal of the decision is resolved, unless the Title IX Coordinator decides otherwise. Supportive measures will remain in effect until the appeal is resolved.

The procedure to file an appeal is as follows:

  1. A party wishing to file an appeal must file a notice of intent to appeal within five business days of the date the party receives the decision letter. The intention to file an appeal must be submitted in writing (either email or hard-copy) to the Title IX Coordinator. This notice of intent to appeal must contain the party’s grounds for the appeal.
  2. Each party will be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Each party will have at least three business days to submit its written statement.
  3. The Title IX Coordinator will appoint an Appeals Officer or, if the Respondent is a student of Pratt Munson, a panel of up to three Appeals Officers. No Appeals Officer shall have a conflict of interest. The decision-maker for the appeal will not be the same person as the Adjudicator that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator.
  4. The Appeals Officer(s)’ entire review process will be based on the party’s written request for appeal, the parties’ written statement in response to the appeal and Munson’s record of the case. The Appeals Officer(s) will have access to the investigatory report, the Adjudicator’s decision and may, if the Appeals Officer(s) deem it necessary, communicate with the Investigator, the Adjudicator, and/or any party or witness directly as part of the appeals process. However, appeals are not intended to be full re-hearings of the complaint. In most cases, appeals will be considered upon a review of the written documentation in the case file, including the Investigatory Report and the Adjudicator’s written decision, and any pertinent documentation regarding the grounds for appeal.
  5. The Appeals Officer(s) may affirm the Adjudicator’s decision, alter the Adjudicator’s decision (with respect to a finding of responsibility and/or sanctions), or return the case to the Investigator for further investigation.
  6. A preponderance of the evidence standard will be applied on appeal.
  7. The Appeals Officer(s) will make a final determination on the appeal. The Appeals Officer(s) will normally render a decision regarding the appeal within 20 calendar days of the request for appeal.
  8. Both the Complainant and Respondent will be notified in writing, concurrently, of the decision on appeal. The Appeals Officer(s)’ decision will be final and binding.

Informal Resolution

A Complainant who wishes to file a formal complaint but who does not wish to pursue Formal Resolution at a hearing may request a less formal proceeding, known as “Informal Resolution.” Informal resolution must be agreed upon by both parties, and the Title IX Coordinator must agree that informal resolution is appropriate. The Informal Resolution Process is, generally, not available if the respondent in a sexual misconduct complaint is a faculty or staff member of Pratt Munson and the complainant is a student, unless the Title IX Coordinator deems it to be appropriate.   

The Title IX Coordinator will offer the Informal Resolution Process to the parties after a formal complaint is filed by a complainant. Supportive measures are available to both parties in the same manner as they would be if the formal complaint were proceeding under the formal grievance and hearing process. No party should feel intimidated, coerced or threatened to participate in an Informal Resolution Process, or to withdraw from an Informal Resolution Process.

An informal resolution usually takes the form of mediation in which a designated third-party explores whether the parties can agree on a result. The facilitator of the informal resolution process will be screened to ensure that such person is free from conflicts of interest and bias. The facilitator will not be available as a witness in any hearing that may occur should either party terminate the Informal Resolution process before a resolution.  Informal Resolution provides an opportunity for the Complainant to confront the Respondent in the presence of, and facilitated by, a presiding officer or mediator, and to communicate his or her feelings and perceptions regarding the incident, the impact of the incident, and his or her wishes and expectations regarding protection in the future. The parties will not, however, be required to meet together as part of the Informal Resolution.  Either party can elect to have any meeting occur so that the parties are in different rooms and the facilitator “shuttles” between the parties. In either event, the Respondent will have an opportunity to respond. The Complainant and the Respondent each may bring an advisor to the Informal Resolution. Advisors are subject to the same restrictions set forth for advisors in Formal Resolution, outlined above.

The Complainant, Respondent and/or Munson may, at any time, elect to end the informal resolution process and initiate Formal Resolution instead. In order to promote honest, direct communication, information disclosed during Informal Resolution must remain private, except where disclosure may be required by law or authorized in connection with duties on behalf of Munson. If there is no agreement on a resolution, the complaint is returned to the formal grievance and hearing process. If an agreement is reached, the facilitator will draft a document reflecting the agreement between the parties that becomes final once it is signed by both parties. This written and signed resolution indicates that the complaint has been resolved under this policy without the need for further investigation or to pursue the formal grievance and hearing process.

Time Frame for Resolution 

Munson seeks to resolve every report of sexual misconduct within 90 calendar days of the filing of the formal complaint, excluding any appeal. The time frames included in this policy may vary depending on the details of the complaint and, in some cases, extenuating circumstances that may require an extension of the time frames.  Extenuating circumstances may include the time of the academic year (e.g., during Pratt Munson breaks or final exams), the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation by local law enforcement, or other unforeseen circumstances. In the event that the investigation and resolution exceed this time frame, Munson will notify the Complainant and Respondent of the reason(s) for the delay and the expected adjustment in the time frame.

Application to Faculty and Staff

One or more of Munson’s personnel policies or faculty and staff handbook policies may overlap with this policy in a particular situation. This policy applies to any situation where a student is the complainant or respondent. In all other situations, Munson reserves the right to apply this policy or another applicable policy or process. Munson will apply this policy to any situation where Munson determines that Title IX requires the application of this policy.

Academic Freedom

Munson/Pratt Munson is an academic institution at which academic freedom possessed by those who are teaching/conducting research and their students is necessary and valued. Munson will not construe this policy to prevent or penalize a statement, opinion, theory, or idea offered within the bounds of legitimate, relevant, and responsible teaching, learning, working, or discussion.

Prevention and Awareness Education Programs

Creating a safe and respectful environment is the responsibility of all members of the Munson community. To promote and maintain this environment, Munson engages in comprehensive educational programming to prevent sexual misconduct, including sexual harassment, domestic violence, dating violence, sexual assault, stalking, and retaliation. Munson provides primary prevention and awareness programs for all incoming students and employees, and ongoing prevention and awareness campaigns for all students and employees. If a victim discloses actions constituting a violation of this policy through a public awareness event, such as “Take Back the Night” or a candlelight vigil, Munson is not obligated to begin an investigation. Munson may, however, use the information to inform the need for additional education and prevention efforts.

Munson's programs are made possible by the New York State Council on the Arts with the support of the Office of the Governor and the New York State Legislature.