Title IX Policy and Grievance Procedure

When brought to the attention of AIMS, any such discrimination will be appropriately addressed by AIMS consistent with the procedures below.

Sex Discrimination is Prohibited

AIMS does not discriminate in its admissions practices, in its employment practices, or in its educational programs or activities on the basis of sex. As a recipient of federal financial assistance for education activities, AIMS is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex. At AIMS, discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or related conditions.

AIMS has obligations under Title IX to provide certain supports and modifications to people experiencing pregnancy or related conditions in order to ensure their equal access to AIMS’s program or activity. For example, AIMS must treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions and must allow voluntary leaves of absence. Students, employees, or applicants should contact the Title IX Coordinator for more information. Employees or applicants may also contact Human Resources for more information, because additional workplace laws and policies apply.

Pregnancy or related conditions include pregnancy, childbirth, termination of pregnancy, lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

AIMS also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process, whether internal or external to the institution.

Application of Section 504/Americans with Disabilities Act to this Policy

In both practice and policy, AIMS adheres to the requirements of the Americans with Disabilities Act of 1990, as amended 2008 (ADAAA); Sections 504 and 508 of the Rehabilitation Act of 1973, as amended; and all other federal and state laws and regulations prohibiting discrimination on the basis of disability. AIMS is committed to providing individuals with disabilities equal access and opportunity and strives in its policies and practices to provide for the full participation of individuals with disabilities in all aspects of AIMS life.

Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point relating to the implementation of this policy, including making a disclosure or report, and initiating a resolution procedure. Accommodations will be granted if they are appropriate and do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other AIMS programs and activities. With the consent of the impacted student or employee, the Title IX Coordinator will work collaboratively with the appropriate academic department for students or with HR for employees to ensure that approved reasonable accommodations (disability-related) are honored as applicable throughout any process related to this policy.

Purpose of this policy

This policy identifies and defines conduct prohibited under this policy, the procedures for reporting harassment and discrimination, and the process that will be used to respond to allegations of Prohibited Conduct.

AIMS will act on all notices of allegations of discrimination, harassment, or retaliation. It will take necessary measures to end conduct that is in violation of this policy, prevent its recurrence, and remedy its effect on individuals and the community. Within any process related to this policy, AIMS provides reasonable accommodations to persons with disabilities and reasonable religious accommodations, when that accommodation is consistent with applicable law.

Situations involving other conduct that may be in violation of other AIMS student or employee conduct policies will be addressed under the applicable policies.

To Whom This Policy Applies

This policy applies to the entire AIMS community, including students, faculty and staff, as well as contractors and other third parties in the School’s control. The policy applies to conduct occurring at AIMS’ premises or facilities, at an off-campus AIMS-sponsored or approved program or activity, and in instances in which the conduct occurred outside of the campus or AIMS-sponsored activity if the conduct impedes equal access to any AIMS Education’s program or activity or creates a Hostile Environment or that otherwise threatens the health or safety of a member of the AIMS community.

Members of AIMS community are expected to provide truthful information in any report, meeting, or proceeding under this policy.

Any respondent who is not an AIMS student, faculty member, or staff member is generally considered a third party. AIMS’s ability to take appropriate corrective action against a third party may be limited and will depend on the nature of the third party’s relationship, if any, to AIMS. When appropriate, the Title IX Coordinator will refer such allegations against third-party respondents to the appropriate office.

The status of a party may impact which resources and remedies are available to them, as described in this policy.

What is Prohibited by This policy

This policy prohibits Discrimination, Harassment, and Retaliation as defined below. These acts shall also be referred to as Prohibited Conduct under this policy.

Discrimination

Discrimination is defined as treating members of a protected category less favorably because of their actual or perceived membership in that category or as having a policy or practice that adversely impacts the members of one protected category more than others.

Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Discriminatory Harassment

Discriminatory Harassment is unwelcome non-verbal or physical, verbal, or online conduct where such conduct is based on actual or perceived membership in a protected category, and is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual’s work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a reasonable person.

Protected categories include race (including traits historically associated with race, such as hair texture and protective hairstyles), religion, color, sex (including pregnancy, childbirth, or related medical conditions), gender, gender identity or expression, age, sexual orientation, ethnicity, national origin, disability, marital status, citizenship, veteran status, genetic information or predisposing genetic characteristics, or any other federal or state protected category or characteristic.

Title IX Prohibited Conduct

Conduct on the basis of sex that satisfies one or more of the following and meets the jurisdictional requirements described below:

Title IX Quid Pro Quo Sexual Harassment. An employee or graduate student conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct;
Title IX Hostile Environment Sexual Harassment. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity.
Sexual Assault, Dating Violence, Domestic Violence, Stalking, and Retaliation, as defined below.

Conduct meeting these definitions must occur within AIMS’s education program or activity and inside the United States to constitute Title IX Prohibited Conduct. AIMS’s program or activity includes (1) any on-campus premises of AIMS; (2) any off-campus premises over which AIMS has substantial control; (3) off-campus activities that are part of an AIMS program, including field trips and sanctioned events; and (4) activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of AIMS’s programs and activities over which AIMS has substantial control.

Sex-Based Harassment

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Sex-Based Harassment includes the following:

a. Quid pro quo harassment: An employee, agent, or other person authorized by AIMS to provide an aid, benefit, or service under AIMS’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

b. Hostile environment harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from AIMS’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

The degree to which the conduct affected the complainant’s ability to access AIMS’s education program or activity;
The type, frequency, and duration of the conduct;
The parties’ ages, roles within AIMS’s education program or activity, previous interactions, and other factors about a party that may be relevant to evaluating the effects of the conduct;
The location of the conduct and the context in which the conduct occurred; and
Other sex-based harassment in AIMS’s education program or activity.

c. Sexual assault: an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Specifically, this includes:

Rape—The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

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 incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.

Incest—Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape—Sexual intercourse with a person who is under the statutory age of consent.

d. Dating violence: violence committed by a person:

Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
Where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship;
- The type of relationship; and
- The frequency of interaction between the people involved in the relationship.

Emotional and psychological abuse do not constitute violence for the purposes of this definition.

e. Domestic violence: felony or misdemeanor crimes of violence committed by a person who:

Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of AIMS, or a person similarly situated to a spouse of the victim;
Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
Shares a child in common with the victim; or
Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Emotional and psychological abuse do not constitute violence for the purposes of this definition.

f. Stalking: Engaging in a course of conduct, on the basis of sex, directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.

g. Sexual Coercion: The application of unreasonable pressure, including emotionally or physically manipulative actions or statements, or direct or implied threats, in order to compel the person to engage in sexual activity.

h. Sexual Exploitation is the abuse or exploitation of another person’s sexuality without consent, for the perpetrators own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Sexual Exploitation includes, without limitation, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over that person; causing the prostitution of another person; electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images of another person; allowing third parties to observe sexual acts; engaging in voyeurism; distributing intimate or sexual information about another person; and/or knowingly transmitting a sexually transmitted infection, including HIV, to another person.

Retaliation:

Retaliation is any materially adverse action taken against an individual because they were involved in the disclosure, reporting, investigation, or resolution of a report of Prohibited Conduct. Retaliation includes threats, intimidation, harassment, coercion, discrimination, violence, or any other conduct against any person by AIMS, a student, or an employee or other person authorized by AIMS to provide aid, benefit, or service under AIMS’s education program or activity, for the purpose of interfering with any right or privilege secured by this policy or by law, including Title IX or its regulations. Adverse action does not include perceived or petty slights, or trivial annoyances.

The prohibition against retaliation applies to any individuals who participate (or refuse to participate) in any manner in an investigation or proceeding, and to any student who refuses to participate in an investigation or proceeding.

Retaliation may occur even where there is a finding of “not responsible” under this policy. Good faith actions lawfully pursued in response to a report of Prohibited Conduct are not Retaliation.

Delegation of Duties Under This policy

Obligations in this policy assigned to a particular title, such as the Title IX Coordinator, may be designated as appropriate by AIMS, including to external professionals.

Academic Freedom

AIMS Education is committed to the principles of academic freedom. All faculty members are entitled to academic freedom as set forth in the 1940 Statement of Principles on Academic Freedom and Tenure, formulated by the Association of American Colleges and Universities and the American Association of University Professors.

Academic freedom allows faculty and students to freely pursue knowledge, openly share thoughts and ideas, and engage in intellectual debate without fear of censorship, harassment, or reprisal. Faculty members are free to implement and stay true to their teaching philosophies. They must, however, attempt to avoid the discussion of controversial subjects that are unrelated to the course of study.

Before proceeding with or continuing an investigation of any report of harassment or retaliation that involves an individual’s speech or other communication, AIMS will take care to distinguish between protected speech and hostile environment harassment. The Title IX Coordinator will take action as needed to restore or preserve a person’s access to AIMS’s education program or activity.

Title IX Coordinator and the Title IX and Equal Opportunity Office

AIMS is committed to promoting a diverse, equitable, and inclusive working and learning environment free from discrimination and harassment. The Title IX Coordinator is charged with monitoring compliance with Title IX; providing education and training; and coordinating AIMS’s response, investigation, and resolution of all reports of Prohibited Conduct under this policy. The Title IX Coordinator acts with independence and authority and oversees all resolutions under this policy free from bias and conflicts of interest. The Title IX Coordinator is available to meet with any Student, Employee, or other individual to discuss this policy or the accompanying procedures and can be contacted at:

Title IX Coordinator
Sarah Evangelista
Sr. Admissions Specialist
4500 New Brunswick Avenue
Piscataway, New Jersey 08854
908-222-0002, Ext. 402
titleix@aimseducation.edu

Deputy Title IX Coordinator
Rishikesh Sharma
Compliance Administrator
4500 New Brunswick Avenue
Piscataway, New Jersey 08854
908-222-0002, Ext. 347
titleix@aimseducation.edu

Conflicts of Interest or Bias

Any individual carrying out any part of this policy shall be free from any actual conflict of interest or demonstrated bias that would impact the handling of a matter. Should the Title IX Coordinator have a conflict of interest, the Title IX Coordinator is to immediately notify the a designee who will either take, or reassign, the role of Title IX Coordinator for purposes of carrying out the handling and finalization of the matter at issue. Should any investigator, Decisionmaker, or Appeals Officer have a conflict of interest, the investigator, Decisionmaker, or Appeals Officer is to notify the Title IX Coordinator upon discovery of the conflict so that the Title IX Coordinator may reassign the role as appropriate. This policy will note where parties have the opportunity to challenge the participation of any individual implementing this policy based on actual conflict of interest or demonstrated bias.

Crime and Incident Disclosure Obligations

The Clery Act is a federal crime and incident disclosure law. It requires, among other things, that AIMS report the number of incidents of certain crimes, including some of the Prohibited Conduct in this policy, that occur in particular campus-related locations. The Clery Act also requires AIMS to issue a warning to the community in certain circumstances.

In the statistical disclosures and warnings to the community, AIMS will ensure that a complainant’s name and other identifying information is not disclosed. The Title IX Coordinator will refer information to the Clery Officer when appropriate for a determination about Clery-related actions, such as disclosing crime statistics or sending campus notifications.

Consensual Relationship and Conflicts of Interest

Consensual relationships and conflicts are interests are governed by the AIMS Campus Security and Crimes Awareness Policies.

B. REPORTING HARASSMENT AND DISCRIMINATION

Employee Reporting Obligations

AIMS believes it is important to be proactive in taking reasonable steps to identify and prevent incidents of harassment or discrimination.

Accordingly, the following rules apply regarding employee reporting:

If an employee learns any information about conduct that may violate this policy, the employee must report that information to the Title IX Coordinator if the matter involves a student.
If an employee learns any information that may constitute discrimination on any other protected category (other than sex) that does not involve a student, the employee is encouraged to report the matter to HR, but reporting is not required. However supervisors are required to report all complaints of discrimination or harassment that they learn about to HR.

If the Title IX Coordinator or any employee with the authority to institute corrective measures on behalf of AIMS has knowledge about Title IX Sexual Harassment, then AIMS is considered to have actual knowledge of the report and will respond in accordance with this policy.

If an employee in a supervisory capacity has direct knowledge of an incident of harassment or discrimination on the part of, or directed toward, any employee of the Title IX Coordinator community, that supervisor is required to bring the matter to the attention of the Title IX Coordinator.

AIMS also encourages employees who themselves experience harassment, discrimination, sex-based harassment and sexual and interpersonal violence to bring their concerns to the Title IX Coordinator, though they are not required to do so.

When providing this information to the Title IX Coordinator, the employee must include their own name and contact information, and all known details about an incident, which may include, if known, the dates, times, locations, names of involved individuals and the nature of the incident.

Aside from this reporting obligation, employees will, to the fullest extent possible, maintain the privacy of an individual’s information, consistent with FERPA and the AIMS FERPA policy: https://aimseducation.edu/ferpa-policy.

New Jersey law (NJSA 9:6-8.10) requires all persons who have reasonable cause to believe that a minor has been subject to abuse or neglect to report it to the New Jersey Division of Child Protection and Permanency, formerly the Division of Youth and Family Services (DYFS) at 1 (877) NJABUSE (652-2873).

How to Make a Report to AIMS

All reports of violations of this policy will be taken seriously and in good faith. The Title IX Coordinator will provide information and guidance regarding how to file a formal complaint with AIMS and/or local law enforcement, as well as information and assistance about what course of action may best support the individual(s) involved and how best to address the report.

At the time of filing a formal complaint of Title IX Prohibited Conduct, a complainant must be participating in or attempting to participate in the education program or activity of the recipient with which the formal complaint is filed.

Every reasonable effort will be made to maintain the privacy of those making a report to the extent possible. In all cases, AIMS will give consideration to the party bringing forward a report with respect to how the matter is pursued. AIMS may, when necessary to protect the community, initiate an investigation or take other responsive actions to a report, even when the person identifying a concern chooses not to participate in a resolution process and/or requests that AIMS not initiate an investigation.

Employees, students, guests, or visitors who believe that this policy has been violated should promptly contact the Title IX Coordinator or another member of the Title IX Office as follows:

Title IX Coordinator
Sarah Evangelista
Sr. Admissions Specialist
4500 New Brunswick Avenue
Piscataway, New Jersey 08854
908-222-0002, Ext. 402
titleix@aimseducation.edu

Deputy Title IX Coordinator
Rishikesh Sharma
Compliance Administrator
4500 New Brunswick Avenue
Piscataway, New Jersey 08854
908-222-0002, Ext. 347
titleix@aimseducation.edu

There is no timeline for making a report of harassment or discrimination, however, AIMS encourages the prompt reporting of concerns as the ability of AIMS to pursue the report to conclusion may be hindered by the passage of time.

Amnesty

A student making a report to the Title IX Coordinator may be eligible for Amnesty for drug or alcohol related violations of the Code of Conduct Policy that occurred on or around the same time as the incident or that was in connection with the incident.

Privacy and Confidentiality

AIMS values the privacy of its students, employees, and other community members. Community members should be able to seek the assistance they need and access this policy without fear that the information they provide will be shared more broadly.

References made to privacy mean AIMS offices and employees who cannot guarantee confidentiality, but will maintain privacy to the greatest extent possible, relaying information as necessary to investigate or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. AIMS will limit the disclosure as much as practicable.

All activities under these procedures shall be conducted with the privacy interests of those involved. While AIMS will take all reasonable steps to protect the privacy of individuals involved in a report, it may be necessary to disclose some information to individuals or offices on campus in order to address a report or provide for the physical safety of an individual or the campus. Thus, AIMS cannot, and does not, guarantee that all information related to reports will be kept confidential.

In order to maintain the privacy of evidence gathered as part of any resolution process, access to materials under the procedures in this policy will be provided only by a secure method and parties and advisors are not permitted to make copies of any documents shared or make use of the documents outside of the processes described in this policy. Parties may request to review a hard copy of materials, and AIMS will make that available in a supervised or monitored setting. Inappropriately sharing materials provided during this process may constitute retaliation and result in disciplinary action.

Individuals may speak confidentially with a Confidential Resource. Confidential Resources (e.g., licensed mental health care providers, physicians, clergy) may not report to Title IX Coordinator any identifying information about conduct that may violate AIMS’s policies against harassment and discrimination without the written consent of the individual who supplied the information, unless required by law. Such disclosures will not be reported to the Title IX Coordinator or initiate any process under this policy.

AIMS offers free access to TalkCampus for students and TalkLife Workplace for employees. Talk Campus and TalkLife Workplace are peer support platforms that provide 24/7 mental health support, connecting individuals with a global community for anonymous, safe conversations. For more information, visit https://aimseducation.edu/mental-health-support.

Reporting to the Police

Some Prohibited Conduct may constitute a violation of both the law and AIMS policy. AIMS encourages students to report alleged crimes promptly to local law enforcement agencies. All persons have the right to file with law enforcement, as well as the right to decline to file with law enforcement. The decision not to file shall not be considered as evidence that there was not a violation of AIMS policy.

Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. The standards for finding a violation of criminal law are different from the standards for finding a violation of this policy. Conduct may constitute Prohibited Conduct under this policy even if law enforcement agencies lack sufficient evidence of a crime and decline to prosecute.

Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. However, when a report is made to AIMS as well as to law enforcement, AIMS may delay its process if a law enforcement agency requests that AIMS delay its process for a reasonable amount of time to allow law enforcement to gather evidence of criminal misconduct. Criminal or legal proceedings are separate from the processes in this policy and do not determine whether this policy has been violated.

All investigations and determinations under this policy will be thorough, reliable and impartial, and will seek to collect evidence and names of witnesses to gather information that is directly or substantially relevant to whether the alleged policy violation occurred, and will not be based on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

In the case of an emergency, where the physical well-being of a member of AIMS community or the safety of AIMS as an institution is threatened, any individual with such knowledge should promptly inform local policeAIMS may take any immediate steps as may be necessary and appropriate under the circumstances to ensure the well-being of AIMS community and AIMS as an institution.

C. RESPONDING TO A REPORT

The following process will be used following the receipt of a report of Prohibited Conduct under this policy.

Initial Contact

Following receipt of a report alleging a potential violation of this policy, the Title IX Coordinator will contact the complainant to meet with the Title IX Coordinator for an initial intake and assessment meeting, and will provide the following:

An invitation to meet to offer assistance and explain their rights, resources, and options under this policy;
Access to this policy;
Information regarding available campus and community resources for counseling, health care, mental health, or victim advocacy. Upon request, information regarding legal assistance, visa and immigration assistance, student financial aid and other available services may be provided;
The availability of Supportive Measures regardless of whether a formal complaint is filed and/or any resolution is initiated;
The options for resolution (no action, prevention, agreement, investigation) and how to initiate such resolution processes;
The right to notify law enforcement as well as the right not to notify law enforcement;
The importance of preserving evidence and, in the case of potential criminal misconduct, how to get assistance from local law enforcement in preserving evidence;
The right to an advisor of choice during AIMS proceedings under this policy including the initial meeting with the Title IX Coordinator
A statement that retaliation for filing a formal complaint, or for participating in any way in the procedures found in this policy, is prohibited.
Information on how to initiate the Investigation or Resolution-Based Agreement process.

Initial Intake & Assessment

The Initial Assessment process seeks to gather information about the nature and circumstances of the report to determine whether this policy applies to the report and, if so, which resolution process may be appropriate, as well as which section of the resolution procedures apply based on the conduct and the status of the parties. The Title IX Coordinator may also determine that the provision of supportive measures only is the appropriate response under the policy. The initial assessment is not a finding of fact or responsibility. If the individual bringing forward the report is not the actual complainant, the Title IX Coordinator will limit communication to general information on policies and processes.

Should the complainant wish to file a formal complaint, the Title IX Coordinator will determine whether this policy applies and, if so, the appropriate process under this policy. The Title IX Coordinator will communicate to the complainant this determination.

If the information provided does not suggest a potential violation of this policy, the Title IX Coordinator will provide the complainant written notice that the matter is being referred for handling under a different policy, and/or to another appropriate office for handling.

Supportive Measures

Supportive Measures are individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

· Restore or preserve that party’s access to AIMS’s education program or activity, including measures that are designed to protect the safety of the parties or AIMS’s educational environment; or

· Provide support during AIMS’s resolution procedures or during an alternative resolution process.

Supportive measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; no-contact directives (which may be mutual or unilateral at the discretion of the Title IX Coordinator); and training and education programs related to discrimination or harassment. Supportive measures are non-disciplinary and non-punitive. Supportive Measures will also be offered to respondents when they are notified of the allegations.

Any Supportive Measures put in place will be kept confidential, except when doing so impairs the ability of the institution to provide the Supportive Measures.

AIMS will offer and coordinate supportive measures as appropriate for the parties as applicable to restore or preserve their access to AIMS’s program or activity or provide support during AIMS’s alternative resolution process or resolution procedures. People reporting Prohibited Conduct under this policy have the right to request supportive measures from AIMS regardless of whether they desire to make a formal complaint.

A party may challenge AIMS’s decision to provide, deny, modify, or terminate supportive measures when such measures are applicable to them. An impartial employee will be designated to consider modification or reversal of AIMS’s decision to provide, deny, modify, or terminate supportive measures. When the individual providing Supportive Measures is a Deputy Title IX Coordinator or other individual identified by the Title IX Coordinator to provide Supportive Measures, the Title IX Coordinator will be designated to consider the challenge regarding supportive measures. The impartial employee will typically respond to the challenge within five (5) days.

The Title IX Coordinator has the discretion to implement or modify supportive measures. Violation of the parameters of supportive measures may violate existing codes or handbooks.

Requests for Confidentiality or No Further Action

When a complainant requests that AIMS not use their name as part of any resolution process, or that AIMS not take any further action, AIMS will generally try to honor those requests. However, there are certain instances in which AIMS has a broader obligation to the community and may need to act against the wishes of the complainant. In such circumstances, the Title IX Coordinator will notify the complainant in writing of the need to take action. The factors the Title IX Coordinator will consider when determining whether to act against the wishes of a complainant include:

The complainant’s request not to proceed with filing a formal complaint;
The complainant’s reasonable safety concerns regarding filing a formal complaint;
The risk that additional acts of Prohibited Conduct would occur if a formal complaint is not filed;
The severity of the alleged Prohibited Conduct, including whether the conduct, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
The age and relationship of the parties, including whether the respondent is an employee of AIMS;
The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals;
The availability of evidence to assist a Decisionmaker in determining whether discrimination occurred; and
Whether AIMS could end the alleged discrimination and prevent its recurrence without filing a formal complaint.
Whether the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other persons, or that the conduct as alleged prevents AIMS from ensuring equal access on the basis of sex to its education program or activity.

Emergency Removal

For Title IX Prohibited Conduct, AIMS retains the authority to remove a respondent from AIMS’s program or activity on an emergency basis, where AIMS (1) undertakes an individualized safety and risk analysis, (2) determines that an immediate and serious threat to the health or safety of a complainant or any student, employee, or other individual arising from the allegations of sex discrimination justifies a removal, and (3) AIMS provides the respondent with notice of and an opportunity to challenge the decision immediately following the removal.

The respondent may challenge the decision immediately following the removal, by notifying the Title IX Coordinator in writing. AIMS will designate an impartial individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable.

For all other Prohibited Conduct, AIMS may defer to its interim suspension policies for students and administrative leave for employees.

Administrative Leave

AIMS retains the authority to place an employee respondent on administrative leave during a pending formal complaint or other process under this policy, with or without pay as appropriate. Administrative leave may be a supportive measure, emergency removal, or consistent with applicable law. Administrative leave implemented as a supportive measure or as emergency removal is subject to the procedural provisions above, including the right to challenge the decision to implement that measure.

Formal Complaints

A formal complaint is required in order to proceed with a resolution process under this Policy except Support-Based Resolution. A formal complaint must be written, in paper form (hand delivered or by mail or shipping service) or electronically submitted and either signed or with another indication that it is being filed by the Complainant, the Complainant’s parent or guardian, or by the Title IX Coordinator, and that alleges a violation of the Policy as defined above, by a covered person, within an AIMS program or activity, and requesting that AIMS investigate the allegations.

Where the Complainant is unable or unwilling to file a formal complaint, and there have been allegations of violations of this Policy involving covered persons in AIMS’s programs and activities, the Title IX Coordinator may file and sign a formal complaint. In that case, the Title IX Coordinator does not have the status of Complainant or party. A Complainant retains their rights even if they decline to participate, including but not limited to receiving notices, the opportunity to review evidence and the right to receive the final investigation report. The Title IX Coordinator will use discretion in these matters.

A formal complaint cannot be filed anonymously because the Respondent must be notified who is making the accusation against them. A person does not, however, need to file a formal complaint to obtain supportive measures. For supportive measures, the Complainant’s identity may remain confidential to the extent practicable to implement the supportive measure.

In certain cases, the identity of the Respondent may not be known by the person filing the formal complaint. They may still file the formal complaint and AIMS may be able to better identify the Respondent.

Dismissal of a Formal Complaint

Before dismissing a formal complaint, AIMS will make reasonable efforts to clarify the allegations with the complainant.

AIMS may dismiss a formal complaint at any time before a determination is made if:

AIMS is unable to identify the respondent after taking reasonable steps to do so;
The respondent is not participating in AIMS's education program or activity and is not employed by AIMS;
If specific circumstances prevent AIMS from gathering evidence sufficient to reach a determination regarding the formal complaint or allegations within the formal complaint; or
The complainant voluntarily withdraws their formal complaint in writing and the Title IX Coordinator declines to file a formal complaint.

A formal complaint of Title IX Prohibited Conduct must be dismissed when:

The conduct alleged did not occur in AIMS’s education program or activity, or did not occur against a person in the United States; or
The complainant voluntarily withdraws some but not all allegations in a complaint in writing, and AIMS determines that, the conduct that remains alleged in the complaint would not constitute Prohibited Conduct under this policy; or
AIMS determines the conduct alleged in the complaint, even if proven, would not constitute Prohibited Conduct under this policy.

Upon dismissal, AIMS will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then AIMS will notify the parties simultaneously in writing. If a dismissal of one or more allegations changes the appropriate decision-making process under these procedures, the Title IX Coordinator will include that information in the notification.

AIMS will notify the complainant that a dismissal may be appealed on the basis outlined in the Appeals section. If dismissal occurs after the respondent has been notified of the allegations, then AIMS will also notify the respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, AIMS will follow the procedures outlined in the Appeals section of these procedures.

When a formal complaint is dismissed, AIMS will, at a minimum:

Offer supportive measures to the complainant as appropriate;
If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and,
Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that Prohibited Conduct does not continue or recur within AIMS's education program or activity.

A complainant who decides to withdraw a complaint or any portion of it may later request to reinstate it or refile it.

Referrals for Other Misconduct

AIMS has the discretion to refer reports of misconduct not covered by this policy for handling under any other applicable AIMS policy or code. As part of any such referral for further handling, AIMS may use evidence already gathered through any process covered by this policy.

Should there be a conflict between the provision of this policy and other AIMS policies, procedures, rules, regulations, or terms or conditions of employment, the provisions of this policy will govern unless specifically stated otherwise.

This policy and these procedures are separate from AIMS’s student disciplinary processes, by which AIMS may bring a discipline charge against a student for violating AIMS policy according to the provisions found in AIMS code of conduct (link).

Consolidation of Cases

AIMS may consolidate reports under this policy as appropriate: for example, if there are multiple reports where the allegations of Prohibited Conduct arise out of the same facts or circumstances, or there are multiple reports with overlapping parties.

AIMS also reserves the right to use this policy to adjudicate other allegations and conduct charges as defined by policies outside of the scope of this policy in instances when the conduct is associated with an alleged issue of Prohibited Conduct under this policy. The Title IX Coordinator will address these consolidated matters in collaboration and coordination with other appropriate offices, such as Student Services and Human Resources. Allegations of a violation of a separate policy are not required to be handled using the procedural requirements set forth in this policy.

Student Withdrawal or Employee Resignation while Matters are Pending

If a student or employee respondent permanently withdraws or resigns from AIMS with unresolved allegations pending, AIMS will consider whether and how to proceed with the resolution process. AIMS will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s) and any ongoing effects of the alleged harassment, discrimination or retaliation.

Students will be restricted from reenrolling until the matter is resolved. The resolution may continue remotely after a student leaves.

An employee respondent who resigns with unresolved allegations pending is not eligible for rehire with AIMS and the records retained by the Title IX Coordinator will reflect that status.

D. OPTIONS FOR RESOLUTION

There are multiple ways to resolve a report of Prohibited Conduct. Whenever possible, AIMS will utilize the resolution method chosen by the complainant. During the resolution of a report, the Title IX Coordinator will determine whether to implement reasonable supportive measures designed to assist all parties (complainants and respondents) and community members in maintaining access to and participation in AIMS programs, services and activities during the resolution of the report.

This section includes information on support-based resolution, agreement-based resolution, and investigation and decisionmaking procedures, including live hearings for Title IX Prohibited Conduct.

Support- Based Resolution

A formal complaint is not required for a support-based resolution. A support-based resolution is an option for a complainant who does not wish AIMS to take any further steps to address their concern, and when the Title IX Coordinator determines that another form of resolution, or further action, is not required. Some types of support that may be appropriate include: adjustments or changes to class schedules; moving from one residence hall room to another; adjusted deadlines for projects or assignments; adjustments to work schedule or arrangements; escorts to and around campus; or counseling.

A support-based resolution does not preclude later use of another form of resolution, for example if new information becomes available to AIMS and the Title IX Coordinator determines there is need for additional steps to be taken, or the complainant later decides to pursue a formal complaint.

Agreement-Based Resolution

A formal complaint is required for Agreement-Based Resolution. Agreement-Based Resolution is not available to resolve a student Complainant’s allegation that an employee has engaged in Title IX Prohibited Conduct.

Agreement-Based Resolution is an alternative to the investigation and decision-making procedures where the Parties each voluntarily agree to resolve the complaint in a way that does not include any finding of responsibility. Agreement-Based Resolution is a voluntary, structured interaction between or among affected parties that balances support and accountability. If AIMS offers Agreement-Based Resolution to the parties, and they voluntarily consent to engage in that process, the Title IX Coordinator must still take other prompt and effective steps as needed to ensure that Prohibited Conduct does not continue or recur within the education program or activity. Parties and the Title IX Coordinator may agree to pause or exit the investigation and decision-making resolution procedures to explore Agreement-Based Resolution.

Any party may design a proposed agreement between the parties. The Title IX Coordinator must approve of the use of the Agreement-Based Resolution process, and approve the final agreement between the parties. Agreement-Based Resolution may be initiated at any time prior to the release of the final determination. Agreement-Based Resolution does not result in a determination about whether the alleged Prohibited Conduct occurred.

The Title IX Coordinator has the discretion to determine that Agreement-Based Resolution is not an appropriate way to address the reported conduct, and that the matter must instead be resolved through the investigation and decision-making process, including the hearing procedures for Title IX Prohibited Conduct.

Initiating the Agreement-Based Resolution Process

Prior to the initiation of Agreement-Based Resolution, the Title IX Coordinator will provide the Parties written notice that includes:

The specific allegation and the specific conduct that is alleged to have occurred;
The requirements of the Agreement-Based Resolution process;
Any consequences resulting from participating in the Agreement-Based Resolution process, including the records that will be maintained or could be shared, and whether AIMS could disclose such information for use in a future AIMS resolution process, including an investigation and resolution process arising from the same or different allegations, as may be appropriate.
Notice that an agreement resulting from the Agreement-Based Resolution process is binding only on the parties and is not subject to appeal.
Notice that once the Agreement is finalized and signed by the Parties, they cannot initiate or continue an investigation procedure arising from the same allegations.
A statement indicating that the decision to participate in the Agreement-Based Resolution process does not presume that the conduct at issue has occurred.
A statement that the respondent is presumed not responsible for violating this policy, unless respondent admits to violations of this policy;
An explanation that all parties may be accompanied by an advisor of their choice, who may be a parent, colleague, friend, or attorney;
A statement that any party has the right to withdraw from the Agreement-Based Resolution process and initiate or resume resolution procedures at any time before agreeing to a resolution;
The date and time of the initial meeting with staff or the Title IX Coordinator, with a minimum of 3 days’ notice;
Information regarding Supportive Measures, which are available equally to the parties; and
The potential terms that may be requested or offered in an Agreement-Based Resolution agreement.

Facilitating an Agreement

If all Parties are willing to explore Agreement-Based Resolution, the Title IX Coordinator will then meet separately with each party to discuss the Agreement-Based Resolution process and facilitate an agreement. If an agreement cannot be reached, either because the Parties do not agree, determine they no longer wish to participate in the Agreement-Based Resolution process, or the Title IX Coordinator does not believe that the terms of the agreement or continuing the Agreement-Based Resolution process is appropriate, the Title IX Coordinator may decide that the reported conduct will instead be addressed through the investigation and decisionmaking process. The Title IX Coordinator will inform the Parties of such decision, in writing.

Agreement-Based Resolution processes are managed by facilitators who do not have a conflict of interest or bias in favor of or against complainants or respondents generally or regarding the specific parties in the matter. The Title IX Coordinator may serve as the facilitator, subject to these restrictions. The investigator or Decisionmaker for the matter may not facilitate an Agreement-Based Resolution in that same matter.

Any party may craft or create the terms of their agreement and will be asked for their suggestions or ideas. Examples of agreements may include but are not limited to:

an agreement that the respondent will change classes or housing assignments;
an agreement that the Parties will not communicate or otherwise engage with one another;
an agreement that the Parties will not contact one another;
completion of a training or educational project by the respondent;
completion of a community service project by the respondent;
an agreement to engage in a restorative justice process or facilitated dialogue; and/or
discipline agreed upon by all parties.

In order to facilitate Agreement-Based Resolution, information shared by any party will not be used in any related resolution process of the same formal complaint under this policy. No evidence concerning the allegations obtained within the Agreement-Based Resolution process may be disseminated to any outside person, provided that any party to the Agreement-Based Resolution process may generally discuss the allegations under investigation with a parent, advisor, or other source of emotional support, or with an advocacy organization. An admission of responsibility made during an Agreement-Based Resolution process, however, may not be incorporated into the investigation and adjudication proceeding.

Finalizing the Resolution Agreement

Once the final terms of the Resolution Agreement have been agreed upon by all parties, in writing, and approved by the Title IX Coordinator, the matter will be considered closed, and no further action will be taken. Once signed, no appeal is permitted. The Agreement-Based Resolution process is generally expected to be completed within thirty (30) days and may be extended by the Title IX Coordinator as appropriate. All parties will be notified, in writing, of any extension and the reason for the extension.

Records of an Agreement-Based Resolution process can be shared with other offices as appropriate.

Any violations of the terms of the Resolution Agreement may result in disciplinary action.

Investigation & Decision-Making Resolution for Prohibited Conduct Other than Title IX Prohibited Conduct

This investigation process consists of five stages: written notice of investigation; evidence gathering; evidence review; final written determination; option to appeal.

Assignment of the Investigator and/or Decisionmaker

AIMS will assign a trained investigator and/or Decisionmaker to conduct an adequate, reliable, and impartial investigation and decisionmaking, as applicable, in a reasonably prompt timeframe. AIMS reserves the right to utilize internal or external investigators and Decisionmakers.

All parties have the option to participate in the investigation, and each have the same rights during the resolution process including the right to an advisor, to submit relevant witness names and evidence, and to review the evidence gathered by the investigator prior to the investigator providing the final report to the Decisionmaker.

The investigator will establish deadlines for submission of names of relevant witnesses and submission of evidence and communicate those deadlines to the parties in writing.

Conflict of Interest or Bias

After a Notice of Investigation is issued to all parties, any party may object to the participation of the Title IX Coordinator or designated investigator on the grounds of a demonstrated bias or actual conflict of interest. All parties will have three (3) days from the date of the Notice of Investigation to object to the selection of the investigator or the Title IX Coordinator. Objections to the Title IX Coordinator are to be made, in writing, to the Deputy Coordinator. Objections to the appointment of the investigator are to be made in writing, to the Title IX Coordinator. All objections will be considered, and changes made as appropriate. If the objection is substantiated as to either the Title IX Coordinator or the Investigator, that individual shall be replaced. Any change will be communicated in writing.

Timeline

AIMS strives to complete the investigation process within ninety (90) days from the date of the Notice of Investigation.

The timeline for any part of the resolution process may be extended for good cause by the Title IX Coordinator. All parties shall be notified, in writing, of any extension to the timeline that is granted, the reason for the extension, and the new anticipated date of conclusion of the investigation and/or determination. Good cause reasons for extension may include ensuring availability of witnesses and other participants and ensuring participants have sufficient time to review materials.

AIMS shall not unreasonably deny a student party’s request for an extension of a deadline related to a formal complaint during periods of examinations or school closures.

The investigator and/or Title IX Coordinator shall provide the Parties with periodic status updates, in writing.

Acceptance of Responsibility

If a respondent accepts responsibility for all or part of the Prohibited Conduct alleged, the designated sanctioning officer will issue an appropriate sanction or responsive action as to those violation(s) and continue processing any remaining allegations of Prohibited Conduct, if any.

Burden and Standard of Review

AIMS has the burden of conducting an investigation that gathers sufficient evidence to determine whether Prohibited Conduct occurred. This burden does not rest with any party, and any party may decide to limit their participation in part or all of the process, or to decline to participate. This does not shift the burden of proof away from AIMS and does not indicate responsibility. The standard of proof used in any investigation and decision-making process is the preponderance of the evidence standard, which means more likely than not.

Written Notice of Meetings

AIMS will provide to a party or witness whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time to prepare to participate.

Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible. This means this information will not be accessed or considered, except by AIMS to determine whether one of the exceptions listed below applies. This information will not be disclosed or otherwise used, regardless of relevance:

Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
Evidence provided to an employee designated by AIMS as exempt from internal reporting under this policy, unless the person who made the disclosure or otherwise provided evidence to that employee has voluntarily consented to re-disclosure;
A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless AIMS obtains that party’s or witness’s voluntary, written consent for use in its resolution procedures; and
Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to alleged sex-based harassment. The fact of prior consensual sexual conduct between the parties does not by itself demonstrate or imply the complainant’s consent to other sexual activity or preclude a determination that Prohibited Conduct occurred.

Notice of Investigation

Prior to the start of an investigation, the Parties will be provided a written Notice of Investigation communicating the initiation of an investigation. Should additional allegations be brought forward, or information regarding location or date of the incident(s), a revised written Notice of Investigation shall be provided to all parties.

The Notice shall include, at a minimum:

AIMS's investigation procedures, including the applicable determination procedure that will be used in this investigation and resolution, and a link to the relevant policies;
Information about the agreement-based resolution process, with a link to the full procedures.
Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
A statement that retaliation is prohibited;
Whether the investigator, or another individual, shall serve as the Decisionmaker.
Expected length of the major stages of the resolution process, as well as any applicable deadlines.
The Notice will inform the parties that the investigator will establish and communicate, in writing, all investigation deadlines, including the final deadlines for submitting names of witnesses, evidence, and relevant questions to ask a party or witness. These deadlines may be extended by the Title IX Coordinator for good cause, and any changes will be provided, in writing, to the parties, along with the rationale for the revised deadline(s).
The process for raising a challenge to the appointed investigator, Decisionmaker or Title IX Coordinator, and the deadline for doing so.
A statement that the respondent is presumed not responsible for Prohibited Conduct until a determination is made at the conclusion of the resolution process. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decisionmaker;
A statement that the parties may have an advisor of their choice who may be a friend, parent, therapist, colleague, or attorney;
The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence; and
AIMS's Code of Conduct Policy prohibits knowingly making false statements or knowingly submitting false information during the resolution procedures.
The Decisionmaker will be identified. If AIMS assigns a different Decisionmaker, an updated notice will be provided to the parties.
The date and time of the initial interview with the Investigator, with a minimum of five (5) days’ notice.

Individual Interviews

The investigator will hold individual interviews with parties and witnesses to ask relevant and not otherwise impermissible questions and follow-up questions, including questions exploring credibility, and to request of the parties the names of relevant witnesses and relevant evidence. Only the investigator and the party or witness may attend each individual interview, and a party may be accompanied by their advisor. Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of the resolution process, and may be subject to further AIMS discipline for failure to do so.

The investigator will then gather from parties, witnesses, and other sources, all relevant evidence.

At the initial interview with each party, the investigator will invite the parties to provide, in writing and in advance of the individual interviews, questions to ask of the parties and witnesses that are relevant and not otherwise permissible, including questions exploring credibility. Upon receiving the question list, the investigator will determine whether a proposed question is relevant and not otherwise impermissible and will explain, in writing in advance of the individual interview, any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The investigator must give a party an opportunity to clarify or revise any question that the investigator has determined is unclear or harassing and, if the party sufficiently clarifies or revises a question, the question will be asked.

An investigator will not permit questions that are unclear or harassing of any party or witness being questioned.

AIMS will share expectations of decorum to be observed at all times in any meeting or proceeding under this policy. These expectations are applied equally to all parties and advisors. AIMS has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved party, witness, or advisor who does not comply with these expectations and any other applicable AIMS rules.

The individual interviews may be conducted with all participants physically present in the same geographic location, or, at the College’s discretion, with all participants joining virtually through a video conferencing option.

The investigator will determine, in their sole discretion, whether parties and witnesses are likely to provide relevant information about the allegations and has the sole discretion to determine which parties and witnesses to call to an interview. The investigator may conduct follow-up interviews as they deem appropriate.

Investigator Determination of Relevance

The investigator will determine whether parties and witnesses are likely to provide relevant information about the allegations, and has the sole discretion to determine which parties and witnesses to call to individual follow-up meetings.

The investigator will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. Character evidence that is not relevant will not be considered. If the Decisionmaker is not the investigator, the Decisionmaker is not bound by the investigator’s determinations about relevance.

Evidence Review

At the conclusion of all fact-gathering, the investigator will provide each party and their advisor the opportunity to review all relevant and not otherwise impermissible evidence gathered. In the event that an audio or audiovisual recording is shared, the recording will only be made available at an in-person and monitored meeting on campus, and will not otherwise be transmitted for review, so as to maintain the privacy of those participating in the process.

The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation and to submit any additional relevant evidence, questions for parties or witnesses, or the names of any additional witnesses with relevant information. This is the final opportunity to offer evidence or names of witnesses. Evidence not provided during the investigation process will not be considered by the Decisionmaker. Given the sensitive nature of the information provided, AIMS will facilitate this review in a secure manner. None of the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.

The parties will have a minimum of 5 days to inspect and review the evidence and submit a written response in writing to the investigator. The Title IX Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence.

When deemed appropriate by the investigator, the investigator shall then conduct any additional fact-gathering as may be necessary. If new, relevant evidence was submitted as part of evidence review, or is gathered during this second fact-gathering period, the new relevant evidence will be made available for review by the parties and their advisors. The parties shall have 5 days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the investigator shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.

The investigator will consider the parties’ written responses before finalizing the investigation report.

The parties may each submit a written impact statement prior to the conclusion of the resolution process. The impact statement is not evidence and will be reviewed only after a determination of responsibility is reached.

Determination and Investigation Report

The investigator may serve as the Decisionmaker. The Decisionmaker shall evaluate the relevant and not impermissible evidence and make a factual determinations regarding each allegation.

The Decisionmaker may choose to place less or no weight upon statements by a party or witness who refused to respond to questions deemed relevant and not otherwise impermissible, or who was not available, despite reasonable diligence, for a follow-up interview. The Decisionmaker will not draw an inference about whether prohibited conduct occurred based solely on a party’s or witness’s refusal to respond to questions.

The Decisionmaker shall then determine, based upon the factual findings, whether a violation of AIMS policy occurred. The Decisionmaker shall prepare a report which shall include:

A description of the prohibited conduct;
A reference to the policies and procedures used to evaluate the allegations;
Description of all procedural steps taken to date;
The Decisionmaker’s evaluation of the relevant evidence along with the finding of facts;
Determinations for each allegation, with the rationale;
Sanction determination (if applicable);
Whether remedies will be provided;
The procedures for an appeal.

This report shall be provided to the Title IX Coordinator. In the event that the Decisionmaker has determined that a violation of AIMS policy has occurred, the Title IX Coordinator shall then provide the report to the appropriate Sanctioning Officer to determine the sanction, and the Title IX Coordinator shall then determine the appropriate remedy(ies) for the Complainant and any impacted parties. The Sanctioning Officer may be the same person as the Decisionmaker.

The Title IX Coordinator shall then provide the parties and their advisors, if any, with a written Notice of Outcome and a copy of the Decisionmaker’s report. The Notice of Outcome shall include any disciplinary sanctions for the respondent, whether remedies will be provided, and the procedures for appeal. In addition, the complainant shall be informed of any remedies that apply to the complainant.

The Title IX Coordinator will provide each party, and their advisor, written communication regarding the decision, the sanction determination, and the procedures for appeal, found below, along with a copy of the Investigation Report. The Title IX Coordinator will also provide written communication to the Complainant regarding any appropriate remedies.

Title IX Prohibited Conduct Investigation & Hearing Procedures

The following procedures apply to formal complaints when the alleged Prohibited Conduct is Title IX Prohibited Conduct.

Acceptance of Responsibility

If a respondent accepts responsibility for all or part of the Prohibited Conduct alleged, the Coordinator or designated sanctioning officer will issue an appropriate sanction or responsive action as to those violation(s) and continue processing any remaining allegations of Prohibited Conduct, if any.

Assignment of the Investigator and Hearing Officer

AIMS will assign a trained investigator and Hearing Officer to conduct an adequate, reliable, and impartial investigation and determination, if applicable, in a reasonably prompt timeframe. AIMS reserves the right to utilize internal or external investigators and Hearing Officers

All parties have the option to participate in the investigation and hearing, and each have the same rights during the resolution process including the right to an advisor, to submit relevant witness names and evidence, and to review the evidence gathered by the investigator prior to the investigator providing the final report to the Hearing Officer. All parties have the same rights at the hearing, including the right to review any evidence that will be considered by the Hearing Officer prior to the hearing.

The investigator will establish deadlines for submission of names of relevant witnesses and submission of evidence and communicate those deadlines to the parties in writing.

Conflict of Interest or Bias

Timeline

AIMS strives to complete the investigation process within sixty (60) days from the date of the Notice of Investigation, and complete the hearing within sixty (60) days of the Notice of Hearing.

The timeline for any part of the resolution process may be extended for good cause by the Title IX Coordinator. All parties shall be notified, in writing, of any extension to the timeline that is granted, the reason for the extension, and the new anticipated date of conclusion of the investigation and/or hearing. Good cause reasons for extension may include ensuring availability of witnesses and other participants and ensuring participants have sufficient time to review materials.

AIMS shall not unreasonably deny a student party’s request for an extension of a deadline related to a formal complaint during periods of examinations or school closures.

The investigator and/or Title IX Coordinator shall provide the Parties with periodic status updates, in writing.

Burden and Standard of Review

AIMS has the burden of conducting an investigation that gathers sufficient evidence to determine whether Prohibited Conduct occurred. This burden does not rest with any party, and any party may decide to limit their participation in part or all of the process, or to decline to participate. This does not shift the burden of proof away from AIMS and does not indicate responsibility. The standard of proof used in any determination process is the preponderance of the evidence standard, which means more likely than not.

Written Notice of Meetings

Evidence Gathering

Interviews

The investigator will interview all parties and relevant witnesses and gather relevant and directly related documentary evidence provided by the parties and any identified witnesses. Interviews may be conducted in person, or via video conference. When a party meets with an investigator, the investigator will ask questions related to the allegations in the formal complaint and a party is given the opportunity speak to the allegations and related events. Parties may identify fact witnesses and provide evidence that is relevant or directly related to the allegations.. This will include inculpatory evidence (that tends to show it more likely that someone committed a violation) and exculpatory evidence (that tends to show it less likely that someone committed a violation). The investigator ultimately determines whom to interview to determine the facts relevant to the formal complaint.

Irrelevant Evidence

The following are not relevant, as per applicable federal law.. This means this information will not be accessed or considered, except by AIMS to determine whether one of the exceptions listed below applies.

Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless AIMS obtains that party’s or witness’s voluntary, written consent for use in its resolution procedures; and
Evidence and questions about the Complainant’s sexual predisposition or prior sexual behavior unless:
- They are offered to prove that someone other than the Respondent committed the conduct alleged by the complainant, or
- They concern specific incidents of the complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Notice of Investigation

The Notice shall include, at a minimum:

AIMS's investigation and hearing procedures, including = a link to the applicable policies;
Information about the agreement-based, with a link to the full procedures;
Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
A statement that retaliation is prohibited;
Expected length of the major stages of the resolution process, as well as any applicable deadlines.
The Notice will inform the parties that the investigator will establish and communicate, in writing, all investigation deadlines, including the final deadlines for submitting names of witnesses, evidence, and relevant questions to ask a party or witness. These deadlines may be extended by the Title IX Coordinator for good cause, and any changes will be provided, in writing, to the parties, along with the rationale for the revised deadline(s).
The process for raising a challenge to the appointed investigator, Hearing Officer, or Title IX Coordinator, and the deadline for doing so.
A statement that the respondent is presumed not responsible for Prohibited Conduct until a determination is made at the conclusion of the resolution process. Prior to such a determination, the parties will have an opportunity to present relevant and directly related evidence to a trained, impartial Hearing Officer;
A statement that the parties may have an advisor of their choice who may be a friend, parent, therapist, colleague, or attorney;
The parties are entitled to an equal opportunity to access the relevant and directly related evidence or an investigation report that accurately summarizes this evidence; and
AIMS prohibits knowingly making false statements or knowingly submitting false information during resolution procedures.
The date and time of the initial interview with the Investigator, with a minimum of five (5) days’ notice.

Individual Interviews

The investigator will hold individual interviews with parties and witnesses to ask relevant questions and follow-up questions, including questions exploring credibility, and to request of the parties the names of relevant witnesses and relevant evidence. Only the investigator and the party or witness may attend each individual interview, and a party may be accompanied by their advisor. Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of the resolution process, and may be subject to further AIMS discipline for failure to do so.

The investigator will then gather from parties, witnesses, and other sources, all relevant and directly evidence.

The individual interviews may be conducted with all participants physically present in the same geographic location, or, at AIMS’s discretion, with all participants joining virtually through a video conferencing option. The investigator will determine, in their sole discretion, whether parties and witnesses are likely to provide relevant information about the allegations, and has the sole discretion to determine which parties and witnesses to call to an interview. The investigator may conduct follow-up interviews as they deem appropriate.

Investigator Determination of Relevance

The investigator will review all evidence gathered through the investigation and determine what evidence is relevant, directly related, or irrelevant.. Character evidence that is not relevant will not be considered.

Evidence Review

At the conclusion of all fact-gathering, the investigator will provide each party and their advisor the opportunity to review all relevant and directly related evidence gathered. In the event that an audio or audiovisual recording is shared, the recording will only be made available at an in-person and monitored meeting on campus, and will not otherwise be transmitted for review, so as to maintain the privacy of those participating in the process.

The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation and to submit any additional relevant evidence, questions for parties or witnesses, or the names of any additional witnesses with relevant information. This is the final opportunity to offer evidence or names of witnesses. Evidence not provided during the investigation process will not be considered by the Hearing Officer. Given the sensitive nature of the information provided, AIMS will facilitate this review in a secure manner. None of the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.

The parties will have a minimum of 10 days to inspect and review the evidence and submit a written response in writing to the investigator. The Title IX Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence.

The investigator will consider the parties’ written responses before finalizing the investigation report.

Investigation Report

The investigator will prepare a written report summarizing all of the relevant evidence gathered and all steps taken during the investigation process. The investigator will also include as an attachment all relevant evidence gathered during the investigation, as well as all interview notes.

Conclusion of Investigation, Notice of Hearing

Once the investigation report is final, the report together with all attachments shall be provided to each party and to their advisor, if any, in a secure manner (e.g., by providing digital copies of the materials through a protected, “read-only” web portal). Each party shall have ten (10) days to provide a response. The response, if any, shall be provided to the Hearing Officer.

Following conclusion of the investigation, each party shall be provided with a Notice of Hearing, which shall include information regarding the date of the hearing, the identity of the Hearing Officer, the process to be used at the hearing, deadlines for submission of evidence, names of witnesses, or questions to be reviewed by the Hearing Officer to ensure they are relevant to the allegations. The hearing shall be scheduled no less than ten (10) days from the date of the Notice of Hearing.

Within three (3) days of receipt of the Notice of Hearing, either party may object to the Hearing Officer on the basis of a demonstrated bias or actual conflict of interest. Any objection is to be in writing and sent to the Title IX Coordinator. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator shall remove the Hearing Officer and appoint another.

Hearing Procedures

The purpose of a hearing is for a Hearing Officer to determine whether the conduct occurred as alleged, and if so, whether that conduct violates this policy. AIMS expects that all individuals who participate in the hearing process do so truthfully and that all who have a responsibility for carrying out one or more aspects of the hearing process do so fairly and without prejudice or bias. Hearings may be conducted in person or via videoconferencing. The Title IX Coordinator may determine that the hearing will continue in the absence of any party or any witness.

AIMS will appoint a Hearing Officer, who will determine whether a violation of AIMS policy has occurred. The Hearing Officer shall have the authority to determine the relevance of evidence submitted, and of questions asked, to limit the time allotted to any phase of the hearing, and/or to limit the time allotted to the full hearing. The Hearing Officer shall not draw an inference about the determination regarding responsibility based solely on a party’s absence from the hearing or refusal to answer questions posed.

Each hearing shall be recorded by AIMS and this recording will be considered the only official recording of the hearing. No other individual is permitted to record while the hearing is taking place. The recording is the property of AIMS but shall be available for listening until the conclusion of the appeals process to complainant, respondent, their respective advisors, Hearing Officer, and Appeal Officer by contacting the Title IX Coordinator.

Prior to the Hearing

The parties and the Hearing Officer all have the right to call witnesses. Witnesses participating in the hearing must have information relevant to the allegations. Parties who wish to call witnesses must submit the name of the witness at least five (5) days in advance of the hearing.

Only witnesses who participated in the investigation will be permitted to participate in the hearing, unless the witness was otherwise unknown or not known to have relevant information during the course of the investigation. If the witness did not participate in the investigation, the party must also provide the reason the witness was not interviewed by the investigator, and what information the witness has that is relevant to the allegations. The Hearing Officer will then determine whether the witness has relevant information and if there is sufficient justification for permitting the witness to participate. The Hearing Officer may instead send the case back to the investigator to interview the newly proffered witness prior to the hearing taking place.

A list of witnesses approved by the Hearing Officer will be provided to the parties at least three (3) days prior to the hearing.

Three (3) days prior to the hearing, each party shall submit to the Hearing Officer a preliminary list of questions they wish to pose to the other party, or to a witness. If the Hearing Officer determines that any questions are not relevant the Hearing Officer shall exclude the question and explain the reason for the exclusion of the question at the hearing. Questions that are unclear or harassing of the party or witness being questioned will not be permitted.

Advisor

Each party is entitled to be accompanied by one advisor at the hearing. The role of the advisor is to assist the party with understanding and navigating the proceedings, and at the direction of the Hearing Officer, pose questions developed by their advisee to the other party or witnesses. The advisor may not represent, advocate for, respond for, or otherwise speak on behalf of, the party during the hearing.

In the event that a party does not appear for the Hearing, the advisor for that party may not participate in the hearing and or submit questions to be asked on behalf of the absent party.

An advisor of AIMS’s choosing shall be provided for any party who does not have an advisor.

Hearing Participation Guidelines

The Hearing Officer shall have the authority to maintain order and decorum at the hearing, including responding to disruptive or harassing conduct, and when necessary to adjourn the hearing or exclude the disruptive person. In the event the Hearing Officer removes an advisor, the Hearing Officer will have the discretion to appoint another advisor for the remainder of the hearing. The Hearing Officer also has the authority to determine whether any questions are not relevant, abusive, intimidating, or disrespectful, and will not permit such questions. The Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing.

Statements, Questioning and Presentation of Evidence

During the hearing, each party will be permitted to provide an introductory statement. Following introductory statements, the Hearing Officer will call parties and witnesses for questioning. The order of questioning shall be determined by the Hearing Officer. The Hearing Officer will pose questions to the parties and witnesses and provide each party an opportunity to pose questions to the other party or witnesses through their advisor. If the Hearing Officer determines that any questions are not relevant to the allegations, the Hearing Officer shall not permit a response to the question and explain the reason for excluding a response to the question. Neither party may directly question the other party or witness.

Following the questioning of parties and witnesses, each party will be permitted to provide a closing statement. An advisor is not permitted to provide a closing statement on behalf of their party.

Hearing Officer’s Report

Following the hearing, the Hearing Officer shall prepare a determination report. All findings shall be made by a preponderance of the evidence, meaning more likely than not. To the extent credibility determinations need to be made, such determinations shall not be based on a person’s status as complainant, respondent, or witness.

The determination report will include:

A description of the prohibited conduct alleged;
A reference to the policies and procedures used to evaluate the allegations;
Description of all procedural steps taken to date;
The Hearing Officer’s evaluation of the relevant evidence along with the finding of facts;
Determinations for each allegation, with the rationale;
Sanction determination (if applicable)
Whether remedies will be provided;
The procedures for an appeal, including How to challenge participation by the Appeal Panel for bias or conflict of interest – which the Title IX Coordinator will resolve in their sole discretion.

The Hearing Officer’s report shall be provided to the Title IX Coordinator. If the Hearing Officer determines that there is no finding of responsibility, the Title IX Coordinator shall communicate the findings to each party, and their advisor should the party wish the advisor to receive it, a written Notice of Outcome along with a copy of the Hearing Officer’s report, to the parties, together with procedures for appeal.

If there is a finding of responsibility, the Title IX Coordinator shall contact the appropriate sanctioning officer who will determine the sanction and notify the Title IX Coordinator of the sanctioning determination. The Title IX Coordinator will then provide each party, and their advisor should the party wish the advisor to receive it, a written Notice of Outcome regarding the Hearing Officer’s decision, including the Hearing Officer’s report. The Title IX Coordinator will also provide written communication to the complainant regarding any appropriate remedies.

E. APPEALS

Dismissals of formal complaints and determinations made in the investigation and hearing processes may be appealed in writing by either party. Appeals will be sent to the Title IX Coordinator, who will then send the appeal to the Appeals Officer assigned to conduct a written review of the appeal(s) and to make a final determination. Appeals must be in writing and filed within ten (10) days following the issuance of the outcome letter.

When an appeal is filed, the other party shall be notified and provided with a copy of the filed appeal within one (1) day, and have five (5) days to respond to the appeal in writing. Any party’s decision not to submit a reply to an appeal is not evidence that the non-appealing party agreed with the appeal.

Within three (3) days of an Appeal Officer being assigned, either party may provide written objection to the Appeal Officer on the basis of an actual bias or conflict of interest. Any objection is to be sent to the Title IX Coordinator. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator will appoint another Appeal Officer.

Appeals may be filed only on the following three grounds:

1. Procedural Error: A procedural error occurred would change the outcome. A description of the error and its impact on the outcome of the case must be included in the written appeal; or,

2. New Evidence: New evidence or information has arisen that was not available or known to the party during the investigation or hearing, that would change the outcome. Information that was known to the party during the resolution process but which they chose not to present is not considered new information. The new evidence, an explanation as to why the evidence was not previously available or known, and an explanation of its potential impact on the investigation findings must be included in the written appeal; or

3. Actual Conflict of Interest or Demonstrated Bias: The Title IX Coordinator, investigator, or others with a role in the process with an actual conflict of interest or demonstrated bias for or against complainants or respondents generally, or the individual complainant or respondent, that would change the outcome. Any evidence supporting the alleged conflict of interest or demonstrated bias must be included in the written appeal.

The Appeal Officer will make a determination regarding the appeal and communicate that decision, along with a rationale for the decision to the Title IX Coordinator who will communicate the Appeal Officer’s decision to the parties. The decision of the Appeals Officer is final.

F. FAILURE TO COMPLETE SANCTIONS

All responding parties are expected to comply with conduct sanctions/responsive actions/ corrective actions within the timeframe specified by AIMS. Responding parties needing an extension to comply with their sanctions must submit a written request to the Title IX Coordinator stating the reasons for needing additional time.

Failure to follow through on conduct sanctions/responsive actions/corrective actions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions/responsive actions/corrective actions, such as suspension, expulsion, termination, or another action. Students who fail to comply will be referred to the Code of Conduct Policy and employees will be referred to Human Resources.

G. RECORD RETENTION

In implementing this policy, records of all reports and resolutions will be kept by the Coordinator in accordance with the applicable AIMS records retention schedule. All records will be afforded the confidentiality protections required by law, including but not limited to the Family Educational Rights and Privacy Act governing confidentiality of student information.

H. ADDITIONAL ENFORCEMENT INFORMATION

The U.S. Equal Employment Opportunity Commission (EEOC) investigates reports of unlawful discrimination and harassment in employment.

The U.S. Department of Education, Office for Civil Rights (OCR) investigates complaints of unlawful discrimination and harassment of students and employees in education programs or activities.

For more information, contact the nearest office of the EEOC or OCR.

U.S. Equal Employment Opportunity Commission (EEOC)
1-800-669-4000
1-800-669-6820 (TTY for Deaf/Hard of Hearing callers only)
1-844-234-5122 (ASL Video Phone for Deaf/Hard of Hearing callers only)
info@eeoc.gov

U.S. Department of Education
Office for Civil Rights
1-800-421-3481
TDD: 800-877-8339
OCR@ed.gov

I. POLICY REVIEW & REVISION

These policies and procedures will be reviewed and updated regularly by the Title IX Coordinator. The Title IX Coordinator will submit modifications to this policy in a manner consistent with institutional policy upon determining that changes to law, regulation or best practices require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of its implementation will apply. The policy definitions in effect at the time of the conduct will apply even if the policy is changed subsequently, unless the parties consent to be bound by the current policy.

This policy may be revised at any time without notice. All revisions supersede prior policy and are effective immediately upon posting to AIMS website.

J. KEY DEFINITIONS

Advisor: Each party has the right to choose and consult with an advisor of their choice at their own expense. The advisor may be any person, including a friend, family member, therapist, or an attorney. AIMS will not limit their choice of advisor. Parties in this process may be accompanied by an advisor of choice to any meeting or proceeding to which they are required or are eligible to attend.

Except where explicitly stated by this policy, advisors shall not participate directly in the process. AIMS will provide the parties equal access to advisors; any restrictions on advisor participation will be applied equally.

The advisor may not represent, advocate, or speak on behalf of a complainant or respondent. An advisor may not disrupt or impede any resolution proceeding.

Formal Complaint: A formal complaint means a written document (hard copy or electronic) that alleges that a Respondent committed Prohibited Conduct and requests initiation of the procedures consistent with the Policy to investigate the allegation of the conduct. A “formal complaint” can only be filed by a Complainant with a signature or other indication that the Complainant is the person filing the Formal Complaint or signed by the Title IX Coordinator.

Complainant: Any individual who has reported being or is alleged to be impacted by Prohibited Conduct as defined by this policy, and who was participating in a AIMS program or activity at the time of the alleged misconduct.

Confidential Resources: any individual identified by AIMS who receives information about conduct prohibited under this policy in their confidential capacity and who are privileged under state law will not report prohibited conduct disclosed to them without written consent. Designation as a confidential resource under this policy only exempts such individuals from disclosure to the Title IX Coordinator. It does not affect other mandatory reporting obligations under state child abuse reporting laws, the Clery Act as a campus security authority, or other laws that require reporting to campus or local law enforcement.

Consent, Incapacitation, Force/Coercion

Consent is clear and unambiguous communication and mutual agreement for the act in which the participants are involved. Consent will be assessed objectively from the standpoint of a reasonable person in the position of the Respondent. In understanding the meaning of consent, the following principles apply:

A sexual interaction is considered consensual when individuals willingly and knowingly engage in the interaction.
Consent can be given by words or actions, as long as those words or actions express willingness to engage in the sexual contact or activity. If there is confusion or ambiguity, participants in sexual activity are expected to stop and clarify each person’s willingness to continue.
Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Previous relationships or previous consent for sexual activity is not consent to sexual activity on a different occasion. (For example, consent to certain acts at one point in an evening does not mean consent to the same acts later in the same evening.)
Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
Silence or the absence of resistance is not the same as consent.
Consent must be continually assessed and can be withdrawn at any time through reasonable and clear communications through words or actions..
The use of alcohol or drugs does not justify or excuse behavior that violates this Policy and never makes someone at fault for being the victim of a violation of this Policy.
Minors cannot consent to sexual activity except in limited circumstances dictated by law.

Consent cannot be given if any of the following are present: Incapacitation, Coercion, or Force.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing and informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, or being under the influence of drugs or alcohol. This policy also covers a person whose incapacity results from temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs, or who are sleeping.

Under this policy, AIMS will consider whether a respondent knew or should have known the complainant to be incapacitated, based on an objective, reasonable person standard that assumes the reasonable person is both sober and exercising sound judgment. The fact that the respondent was unaware of the complainant’s incapacity due to the respondent’s own drug or alcohol use shall not be considered as an excuse.

Coercion/Force: Consent cannot be procured by the use of physical force, compulsion, threats, intimidating behavior, or coercion. Sexual activity accompanied by coercion or force is not consensual.

Coercion refers to unreasonable pressure for sexual activity. When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive. The use of coercion can involve the use of pressure, manipulation, substances, or force. Ignoring objections of another person is a form of coercion.
Force refers to the use of physical violence or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance.

Days: any reference to days refers to business days when AIMS is in normal operation.

Decisionmaker: Trained professional designated by AIMS to decide responsibility, sanction, or appeals. A Decisionmaker may be one person, or a panel of multiple people as determined by AIMS. The investigator may be appointed as the Decisionmaker in matters besides Title IX Sexual Harassment. For Title IX Prohibited Conduct, the Decisionmaker is the Hearing Officer.

Disclosure or Report: A disclosure or report may be made by anyone, whether they learned about conduct potentially constituting discrimination or harassment under this policy, or whether they personally experienced such conduct. A person making a disclosure or report may or may not be seeking to initiate an investigation.

Education Program or Activity: AIMS’s “education program or activity” includes all campus operations, including off-campus settings that are operated or overseen by AIMS, including, for example, field trips, online classes, and athletic programs; conduct subject to AIMS’s disciplinary authority that occurs off-campus; conduct that takes place via AIMS-sponsored electronic devices, computer and internet networks and digital platforms operated by, or used in the operations of, AIMS. Conduct that occurs outside of the education program or activity may contribute to a hostile environment within the program or activity.

Finding: a written conclusion by a preponderance of the evidence, issued by an Investigator, that the conduct did or did not occur as alleged.

No-Contact Directive: A No Contact Directive is a document issued by a AIMS administrator that is designed to limit or prohibit contact or communications between the parties. A No-Contact Directive may be mutual or unilateral, with the exception that a No-Contact Directive issued as either a sanction or remedy shall be unilateral, directing that the respondent does not contact the complainant.

Notice: All notices under this policy are written and sent to the student or employee’s assigned AIMS email address or delivered via Certified Mail to the local or permanent address(es) of the parties as indicated in official AIMS records, or personally delivered to the intended recipient.

Party/parties: Referring to complainant(s), respondent(s), or both/all complainant(s) and respondent(s).

Remedies: Remedies means measures provided, as appropriate, to a complainant or any other person AIMS identifies as having had their equal access to AIMS’s education program or activity limited or denied by discrimination or other prohibited conduct covered by this policy. These measures are provided to restore or preserve that person’s access to the education program or activity after a AIMS determines that discrimination occurred. Only the complainant will be informed of any remedies pertaining to them. Some examples are academic support and/or opportunity to retake a class or resubmit work or time extensions on course or degree completion, or non-academic support such as counseling, or changes to work assignments or locations. The Title IX Coordinator is responsible for implementation of remedies.

Respondent: an individual, or group of individuals such as a student organization, who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct under this policy; or retaliation for engaging in a protected activity.

Sanctions: One or more of the sanctions or disciplinary steps listed here may be imposed on a respondent who is found responsible for a violation of AIMS’s policies. Sanctions or disciplinary steps not listed here may be imposed in consultation with the Title IX Coordinator.

The form of sanction or discipline used will depend on the nature of the offense, as well as any prior disciplinary history. Such discipline or sanction will be imposed pursuant to and in accordance with any and all applicable AIMS rules, policies, and procedures. Factors considered when determining a sanction/responsive action may include:

The nature, severity of, and circumstances surrounding the violation.
An individual's disciplinary history.
Previous resolutions or allegations involving similar conduct.
The need for sanctions/responsive actions to bring an end to the discrimination, harassment, or retaliation.
The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, or retaliation.
The need to remedy the effects of the discrimination, harassment or retaliation on the victim and the campus community.

Student sanctions imposed are implemented when the decision is final (after an appeal, or, if there was no appeal, after the appeals period expires).

Faculty found responsible for violating this policy may be referred to the appropriate academic official for any other applicable processes.

Possible sanctions and disciplinary steps for student respondents include, but are not limited to the following:

Formal written warning;
Performance Improvement Plan (a plan intended to require reflection and remediation of behavior found to have violated this policy);
No contact order pertaining to certain AIMS community members or physical locations;
Probation (a written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within one academic year. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.);
Suspension (termination of student status for a definite period of time not to exceed one academic year and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at AIMS);
Withholding of a degree or certificate;
Referral to counseling services and/or Student Solutions for the Respondent; and/or
Dismissal from AIMS.

Possible sanctions and disciplinary steps for staff and faculty respondents include, but are not limited to:

Warning – Verbal or Written
Performance Improvement Plan
Referral for Counseling
Required Training or Education
Probation
Loss of Variable or Annual Pay Increase
Loss of Oversight or Supervisory Responsibility
Demotion
Suspension with pay
Suspension without pay
Termination
Other Actions: In addition to or in place of the above sanctions, AIMS may assign any other sanctions as deemed appropriate.

Student: Any person who has (or will have) attained student status by way of:

Admission, housing, or other service that requires student status.
Registration for one or more credit hours.
Enrollment in any non-credit, certificate or other program offered by AIMS.

Title IX Policy

Title IX Policy Against Discrimination and Harassment

Title IX Rights for Pregnant & Parenting Students

Summary of Pregnant & Parenting Student Rights

Title IX Training

Medical Billing and Coding

August 4, 2025

Cardiac Monitor Technician

August 11, 2025

EKG/Phlebotomy Technician

August 21, 2025

Sterile Processing Technician

August 25, 2025

Cardiovascular Invasive Specialist

September 2, 2025

MRI Technology

September 2, 2025

Medical Assistant

September 15, 2025

Patient Care Technician

September 15, 2025

Pharmacy Technician

September 15, 2025

Anesthesia Technician

January 5, 2026

Cardiovascular Technology

January 5, 2026

Surgical Technology

January 5, 2026

Diagnostic Medical Sonography

January 5, 2026

Neurodiagnostic Technology

May 4, 2026

Diagnostic Cardiac Sonography

May 4, 2026

Phlebotomy Technician

TBD

AIMS Education College of Health Sciences