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Last modified
8/4/2022 10:52:16 AM
Creation date
3/9/2021 10:48:38 AM
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Contracts
Company Name
UEI COLLEGE
Contract #
A-2020-194-05
Agency
Community Development
Council Approval Date
10/6/2020
Expiration Date
6/30/2023
Insurance Exp Date
6/1/2023
Destruction Year
2028
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participating in the informal resolution process. <br />Any party may withdraw from the informal <br />resolution process and resume the grievance <br />process with respect to the Formal Complaint at <br />any point prior to agreeing to a resolution. <br />8. Emergency Removal of Respondents <br />from Campus <br />UEI may temporarily remove an individual from <br />campus on an interim basis during the pendency <br />of a Formal Complaint in limited emergency <br />circumstances where there is an immediate <br />threat to physical health or safety. Before taking <br />this emergency measure, the school will: <br />• Undertake an individualized safety and <br />risk analysis to determine whether there <br />is an immediate threat to the physical <br />health or safety of any person arising <br />from the allegations of Sexual <br />Harassment; <br />• Make an affirmative determination that <br />such an immediate threat exists based <br />on its individualized safety and risk <br />analysis; and <br />• Provide the Respondent with notice and <br />an opportunity to challenge the <br />emergency decision immediately <br />following the Respondent's removal. <br />School administrators will issue timely warnings <br />for incidents reported that pose a substantial <br />threat of bodily harm or danger to other members <br />of the campus community. UEI will make every <br />effort to ensure that a victim's name and other <br />identifying information are not disclosed, while <br />still providing enough information for community <br />members to make safety decisions in light of the <br />danger. UEI reserves the right to notify <br />parents/guardians of dependent students <br />regarding any health or safety risk, or a change in <br />student status. <br />Personally identifiable information for victims of <br />Sexual Assault, Dating Violence, Domestic <br />Violence and Stalking will not be included in any <br />publicly available recordkeeping, including Clery <br />Act Reporting and disclosures. <br />9. Grievance Process <br />UEI shall investigate all Formal Complaints of <br />Sexual Harassment using its grievance process, <br />which is designed to ensure due process and <br />fairness to all parties. Title IX personnel (Title IX <br />Coordinator, investigators, decision -makers, and <br />individuals who facilitate informal resolution) will <br />be free from conflicts of interest or bias for or <br />against Complainants or Respondents. Title IX <br />personnel will objectively evaluate all relevant <br />evidence and avoid credibility determinations <br />based on a person's status as a Complainant, <br />Respondent or witness. UEI shall not impose <br />discipline on a Respondent without going through <br />the required grievance process. <br />A. Standard of Evidence <br />For all Formal Complaints of Sexual Harassment <br />(including where employees are Respondents), <br />UEI applies the preponderance of the evidence <br />standard, meaning that it is "more likely than not" <br />that something did or did not occur. <br />B. Presumption of Non -Responsibility <br />A Respondent is presumed not responsible for <br />the alleged Sexual Harassment until a <br />determination regarding responsibility is made at <br />the conclusion of the grievance process. <br />C. Advisor <br />As outlined in the written notice of allegations, the <br />parties may have an advisor of their choice <br />present at any stage of the process. The advisor <br />is allowed to be present at any meeting, but is <br />required to be at the live hearing for the purpose <br />of conducting cross-examinations. If the party <br />does not have an advisor for the live hearing, UEI <br />shall provide, without fee or charge to that party, <br />an advisor of UEI's choice. The Complainant and <br />Respondent may not conduct cross-examination. <br />D. Investigation Process <br />A Formal Complaint shall be investigated by the <br />Title IX Coordinator or other trained designee <br />("investigator"), who will conduct interviews and <br />gather evidence. The investigator will objectively <br />evaluate all relevant evidence and avoid <br />credibility determinations based on a person's <br />status as a Complainant, Respondent, or witness. <br />The investigator shall be free from conflicts of <br />interest or bias for or against the Complainant or <br />Respondent. <br />Both parties shall have an equal opportunity to <br />submit and review evidence throughout the <br />investigation process, including the opportunity to <br />present fact and expert witnesses and other <br />inculpatory and exculpatory evidence. UEI shall <br />not restrict the parties' ability to discuss the <br />allegations or gather or present evidence. <br />The scope of an investigation will vary depending <br />on the allegations and circumstances of each <br />individual Formal Complaint, Each Formal <br />
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