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inculpatory and exculpatory), weigh the credibility of the evidence and testimony, and apply the requisite standard of proof. I. Standard of Proof: The standard of proof that will be utilized by the Grievance Officer in making a determination regarding responsibility wilt be preponderance of the evidence. This means that the Grievance Officer wilt determine if it is more likely than not that the Respondent is responsible for the alleged Prohibited Conduct. ii. Determinations Regarding Affirmative Consent: It shall not be a valid excuse to alleged lack of consent that the Respondent believed there was valid consent due to the following circumstances: a. Intoxication or recklessness of the Respondent; b, Failure of Respondent to take reasonable steps to ascertain whether or not there was affirmative consent, M. Consideration of Results of Other Investigations or Processes: The results of other investigations or procedures (e.g„ criminal or administrative) may be considered but will not be deferred to or relied upon in making a determination regarding responsibility. iv. Consideration of Prior Findings of Prohibited Conduct: The Grievance Officer may only consider a Respondent's prior findings of responsibility for Prohibited Conduct or other relevant misconduct in determining appropriate sanctions and not In any finding of responsibility for the current matter. u Determination Notice; The notice of the determination regarding responsibility shall include, at minimum, the following; a. Identification of the allegations constituting Prohibited Conduct; b. A description of the procedural steps taken from receipt of the Formal Complaint through determination; c. Findings of fact supporting the determination; d. Conclusions regarding the application of the Colleges policies and procedures to the facts; e. A statement of and rationale for the result as to each allegation including a determination regarding responsibility, any sanction that will be imposed on Respondent, and whether any remedies provided to Complainant were designed to restore or preserve equal access to the College's program or activity; f. The process and bases to appeal the determination; and g. A statement that the results will become final either on the date the College provides the parties with the written determination of the result of the appeal (If an appeal is filed), or the date on which the appeal would no longer be considered timely (the appeal deadline). E. Appeal 1. Eligibility: Any party is eligible to appeal a determination regarding responsibility or Title IX determination per section D above, 2. Bases for Appeal: The following are the only bases upon which an appeal will be considered: i. Procedural irregularity: there was an irregularity in the processing of the Format Complaint (e.g.. investigation or hearing) that affected the outcome of the matter; II. New Evidence: there is evidence that was not reasonably available before or at the time the determination regarding responsibility was made that could reasonably affect the outcome of the matter; or iii, Conflict of Interest: The Lead Title IX Coordinator, investigator and/or grievance officer had a conflict of interest or bias for or against survivors/victims or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter. 3• Written Appeal: In order to initiate the appeal process, a party must submit the appeal, in writing, to the Lead Title IX Coordinator no later than fifteen (15) business days following receipt of the Determination Notice, The appeal must be based upon at least one of the allowable bases for appeal. Upon receipt of the Appeal the Lead Title IX Coordinator will send a Notice of Appeal to all parties providing them with the copy of the written appeal and allowing for both parties to submit to the Lead Title IX Coordinator a written statement In support of or challenging the relevant determination and any statements contained in the Appeal. q. Assignment of Appellate Officer: Within three (3) business days following receipt of the parties' statements or expiration of the deadline to submit statements, the Lead Title IX Coordinator will assign an Appellate Officer to consider the appeal and wit[ provide written notice to the parties of the identity of and contact information for the Appellate Officer along with an explanation of the process for challenging the assignment based on conflict of interest or bias. Any challenge must be resolved before the Appeal review process may begin. 5. Review Process: For purposes of considering and coming to a conclusion about the appeal, the Lead Title IX Coordinator will provide the Appellate Officer with access to the Appeal, written responses thereto, written determination subject to appeal, Hearing record (If applicable), Investigative Report and any other relevant records received, created or maintained as part of these 2022-2023 Garden Grove Catalog I Publication Date: May 20, 20231 Effective July 1, 2022 through June 30, 2023 65