Hobart and William Smith Colleges

Students, faculty and staff can file complaints at any time. However, HWS’ ability to address a Formal Complaint may be dependent on the amount of time that has elapsed and whether the Respondent is a member of the HWS community.

Students seeking confidential on-campus support may contact the HWS Counseling Center at 315-781-3388 and/or the Office for Spiritual Engagement at 315-781-3671. Employees can access the confidential resources provided here. 

You also have the right to an advisor of your choice. For Title IX Prohibited Conduct your advisor may be an attorney. HWS can provide students a list of trained advisors to select from to serve in this role. Your advisor may accompany you to meetings and interviews; however, your advisor may not answer questions for you, make objections, or pose questions to you or others.

The Equal Opportunity and Title IX Coordinator receives complaints concerning alleged Prohibited Conduct. The Coordinator will conduct an initial review to determine if the Complainant's allegations fall under the Interim Title IX, Harassment and Discrimination policy.

The Coordinator will follow all requirements for grievance procedures identified in the Interim Title IX, Harassment and Discrimination policy including notifying the Respondent with a Notice of Allegations in writing that is simultaneously provided to the Complainant. The Respondent will also receive a written explanation of all available resources and options and can meet with the Coordinator to discuss the Notice of Allegations, available resources, and the resolution process. 

You may be separately notified by Campus Safety or by other local police if there is also a criminal investigation.

The Complainant will provide the conditions of the Informal Resolution to the Equal Opportunity and Title IX Coordinator. They will discuss these with you, and you may propose changes or suggest your own conditions. The Equal Opportunity and Title IX Coordinator will relay these to the Complainant. The parties must come to an agreement for the Informal Resolution process to continue, if they cannot, a Formal Resolution process will commence. Once the conditions have been agreed to the Coordinator will ensure you complete them and will provide the Complainant with necessary updates regarding their completion.

An investigation: The The Equal Opportunity and Title IX Coordinator will designate one or more investigators to conduct a prompt, thorough, fair, and impartial investigation. You and the Complainant will be interviewed separately. The parties will have an equal opportunity to be heard, to submit information and corroborating evidence, to recommend witnesses who may have relevant information, and to submit questions that they believe should be directed by the investigator to each other or to any witness.

Adjudication: HWS has two adjudication options:

• Hearing: The hearing is an opportunity for the parties to address an adjudicator(s) about issues relevant to the finding of responsibility. The adjudicator(s) will determine the finding of responsibility and sanctions. Hearings will proceed for claims of Title IX Prohibited Conduct or Community Standards Prohibited Conduct involving students as Complainants.

• Decision by an Adjudicator: For claims that do not involve Title IX Prohibited Conduct or Community Standards Prohibited Conduct involving students as Complainants the investigator will also serve as the Adjudicator and make a finding as to responsibility and, if appropriate, impose a sanction.

Supportive measures are available while the complaint is pending. Formal Complaints typically involve No Contact Orders (NCOs) with Complainants. Other supportive measures could include changes to housing, classes, or work schedules to ensure that both individuals have a safe and comfortable educational environment. The The Equal Opportunity and Title IX Coordinator will promptly inform you of any supportive measures the other party requested that directly impact you and you will have an opportunity to respond.

Participating in the investigation and hearing are voluntary for all parties and witnesses. 

Additionally, the policy prohibits acts of retaliation by any involved party. Retaliation should be promptly reported to the The Equal Opportunity and Title IX Coordinator and will be investigated and resolved under the policy and its.

The formal complaint process is private and all involved persons will be expected to respect that privacy. Further, individuals are prohibited from distributing documents obtained during the process. However, the Complainant and/or Respondent may disclose the final outcome of a complaint once it has been simultaneously communicated to both parties.

The Equal Opportunity Coordinator protects the privacy of all parties involved in the resolution of reported sexual misconduct to the greatest extent possible. Other faculty or staff members (e.g. coaches, residence life, human resources) will be contacted only on a need-to-know basis, and are also required to maintain privacy. If you are 18 years or older, the Equal Opportunity Office will not contact or disclose any information to your parents or guardians unless you request this in writing.

Where an individual is found responsible for a violation of the Interim Title IX, Harassment and Discrimination policy the adjudicator, in consultation with the Director of Community Values or analogous staff or faculty representative, will determine appropriate sanction(s). HWS may impose any of the following sanctions: probation, conduct warning, suspension, expulsion/permanent separation, organizational sanctions including probation and rescinding recognition, employee or faculty discipline outlined in their applicable polices, and/or any other educational and/or remedial measures to eliminate, prevent or address the sexual misconduct. 

Both parties will receive the a letter notifying them of the finding of responsibility and sanctions, if applicable, at the same time.

Both the Complainant and Respondent may appeal only on the grounds identified in the Interim Title IX, Harassment and Discrimination policy. An appeal must be filed with the The Equal Opportunity and Title IX Coordinator in writing within seven calendar days of receiving the final outcome letter. Appeal decisions are final and are not subject to further appeal.

A criminal complaint is always an option whether the Complainant decides to file a complaint with HWS. Individuals have the right to pursue both criminal charges and an investigation of a violation of the Interim Title IX, Harassment and Discrimination policy.