See Nashotah House's Student Handbook Appendix C-1
Standards of Conduct: In a good faith effort to comply with the Drug-Free Schools and Communities Act of 1989, Nashotah House Theological Seminary prohibits the unlawful possession, use, distribution, manufacture or dispensing of illicit drugs (“controlled substances” as defined in Ch. 161, Wis. Stat) by students on Seminary property or as part of Seminary activities.
State: The laws of Wisconsin prohibit drug possession and delivery through the Uniform Controlled Substances Act, Wis. Stat. 161, and mandate stiff penalties that include up to 15 years of prison and fines up to $500,000. A person with a first-time conviction of possession of a controlled substance can be sentenced up to one year of prison and fined up to $5,000, Wis. Stat. 161.41 (2r) (b). The penalties vary according to the amount of drug confiscated, the type of drug found, the number of previous offenses by the individual and whether the individual intended to manufacture the drug, sell the drug or use the drug. (See Wis. Stat. 161.41.) In addition to the stringent penalties for possession or delivery, the sentences can be doubled when exacerbating factors are present, such as when a person distributes a controlled substance to a minor, Wis. Stat. 161.46 (1).
Substantial restrictions against alcohol abuse also exist in Wisconsin. It is against the law to sell alcohol to anyone who has not reached the legal drinking age of 21, and there is a concurrent duty on the part of an adult to prevent the illegal consumption of alcohol on his/her premises, Wis. Stat.125.07 (1) (a) (1). Violation of this statute can result in a $500 dollar fine. It is against the law for an underage person to attempt to buy an alcoholic beverage, falsely represent his/her age, or enter a licensed premises. Violators of this law can be fined $500, ordered to participate in a supervised work program, and have their driver’s license suspended, Wis. Stat. 125.07(4) (3). Harsher penalties exist for the retailers of alcoholic beverages who violate it, including up to 90 days in jail and revocation of their retail liquor permit.
Federal: The federal government has recently revised the penalties against drug possession and trafficking through its Federal Sentencing Guidelines. These guidelines reduce the discretion that federal judges may use in sentencing offenders of federal drug statutes. Under these guidelines, courts can sentence a person for up to six years for unlawful possession of a controlled substance, including the distribution of a small amount (less than 250 grams of marijuana). A sentence of life imprisonment can result from a conviction of possession of a controlled substance that results in death or bodily injury. Possession of more than 5 grams of cocaine can trigger an intent to distribute penalty of 10-16 years in prison, U.S.S.G, s. 2D2.1 (b) (1).
Seminary: The Executive Staff (the Deans and Director of Student Life) will review all offenses and apply appropriate sanctions including counseling and/or appropriate disciplinary measures, up to and including termination or expulsion.
Health risks: Drugs are a hidden habit, but they have visible effects on the user. Whether the drug of choice is alcohol, marijuana, a prescription drug or cocaine, the habit can lead to a change in personal or study habits, too. Some people may believe that drugs are harmless or even helpful. The truth is that drugs can have very serious, long-term physical and emotional health effects. And if drugs are mixed, the impact is even more detrimental. The following is a partial list of common drugs and some of the consequences of their use. Only some of the known health risks are covered, and not all legal or illegal drugs are included:
Alcohol is the most commonly abused substance. It can lead to poor judgment and coordination, drowsiness and mood swings, liver damage and heart disease.
Marijuana is an addictive drug, although many still believe that it is harmless. It can cause short-term memory impairment, slowed reaction time, lung disease and infertility. While cocaine and crack can speed up performance, their effect is short-lived. More lasting risks are short attention span, irritability and depression, seizure and heart attack.
Prescription drugs are often used to reduce stress. However, they are not safe either, unless they are taken as directed. If abused, they can lead to sluggishness or hyperactivity, impaired reflexes, addiction and brain damage.
Other drugs, such as PCP, LSD, heroin, mescaline and morphine, have a wide variety of negative health effects – from hallucinations and mental confusion to convulsions and death.
Resources and Treatment: Students who have problems with alcohol or controlled substances are encouraged to contact Student Services, located in St. John’s House for a list of Health Services.
Summary: All students are strongly encouraged to help make the Seminary a drug-free place to live and learn. You can do this by learning about substance abuse (its dangers and warning signs), encouraging others to avoid substance abuse, and getting help if you need it – either for yourself or for someone you are concerned about.
Nashotah House recognizes that alcoholism and other drug dependencies are treatable diseases. We understand the pervasive nature of chemical dependencies; the destructive way these harm the body, soul and spirit of individuals; and how interpersonal relationships within the family, or communities, are impacted by dependent, abusive or inappropriate alcohol or drug use. We believe that the Church, as a redemptive fellowship of Christian believers, must be sensitive to the need for exercising a healing ministry to any individual suffering from alcoholism or any other drug addiction. The Dean, as chief pastor of the House, will support, assist, and encourage any such member of the Nashotah House community (faculty, staff, student body, and dependent members thereof) to seek treatment. Whenever intervention is warranted, the Dean will on a case-by-case basis be consulted about an appropriate course of action.
The alcohol use policy of Nashotah House is intended to foster responsibility in the consumption of alcoholic beverages at all seminary-sponsored events or functions.
A copy of the policy will be provided to all students, faculty, and staff as well as all off-campus groups seeking to use seminary property.
It will be the responsibility of the members of the Nashotah House community to promote compliance with all aspects of this policy, which will be administered by the Dean.
It is prohibited for any student or employee of Nashotah House Seminary to possess, use, distribute, deliver or sell illicit drugs to anyone (including prescription drugs without a medical doctor’s consent).
Any student found to be using, to have used, to have possessed or to possess illicit drugs while enrolled will be given a choice of entering a formal, recognized drug/alcohol abuse program or being dismissed from the seminary. The relevant facts will be reported to the local authorities.
Any employee found to be using, to have used, to have possessed or to possess illicit drugs while employed by the seminary will be given a choice of entering a formal, recognized drug/alcohol abuse program or having their employment terminated, and the relevant facts will be reported to the local authorities.
The Dean or a designee(s) will be responsible for examining the facts of each case and a recommendation for action will be made within ten calendar days.
“The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
Schools may disclose, without consent, “directory” information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.”
For additional information see Appendix C of the current Nashotah House Catalog. For technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.
Nashotah House is committed to treating all students with dignity and respect, and to providing equal access to all programs and services for students with disabilities.
In keeping with federal law as articulated in Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990, and the Americans with Disabilities Act Amendments Act of 2008, we recognize as disabled an individual with a clinically documented condition or impairment that substantially limits one or more life activities (e.g., mobility, perception, articulation, learning, etc.).
Individuals seeking academic accommodations due to a documented disability must apply and provide supporting documentation to the Associate Dean for Academic Affairs. It is the student’s responsibility to arrange for testing, provide documentation, and make this request. The Associate Dean for Academic Affairs will review the request and consult with the student about appropriate accommodation options. In the event the request is granted, the Associate Dean will communicate with members of the faculty regarding appropriate accommodations.
Individuals seeking other (non-academic) forms of accommodation due to a documented disability must apply and provide supporting documentation to the Associate Dean for Student Affairs. It is the student’s responsibility to arrange for testing, provide documentation, and make this request. The Associate Dean will review the request and consult with the student about appropriate accommodation options. In the event the request is granted, the Associate Dean will communicate with appropriate members of the staff regarding accommodations.
Sexual Harrassment Policy
Title IX of the Educational Amendments of 1972 to the 1964 Civil Rights Act states that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
This law prohibits gender discrimination based on sex in educational programs and activities of an institution of higher education that receive Federal financial assistance. It also requires institutions to prevent discrimination and respond to concerns or allegations of discrimination including, but not limited to, harassment and assault.
At Nashotah House, Title IX applies to all programs and activities available to students; these include but are not limited to the admissions process, academic programs, certificate programs, financial aid, residential life, and student services. The seminary’s policies and procedures relating to Title IX are founded on the federal and state laws, and they are guided by its mission. All students who matriculate at the seminary take the following Matriculation Oath and sign the record book:
I hereby promise on my conscience and honor to obey during
the term of my residence the Statutes and Regulations of
Nashotah House; to submit myself respectfully to its
authorities, and in general, to conduct myself as becomes a
Christian and, if it be the case, a Candidate for Holy Orders.
In 1991, the General Convention of the Episcopal Church passed Resolution B052 in which it declared that sexual abuse, exploitation, coercion, and harassment of adults and minors by clergy and church employees are abuses of trust, a violation of the Baptismal Covenant, contrary to Christian Character, and are therefore wrong. While laws related to paid staff and church volunteers differ between the two categories and differ from higher education laws, it is the policy of Nashotah House that those individuals preparing for service in the church –
COERCION: Coercion is unreasonable pressure for sexual activity. When someone makes clear to you that they do not want sexual contact, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
COMPLAINANT: Complainant refers to the individual who reported the incident of alleged Prohibited Conduct.
CONSENT: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is the voluntary, clear, actively given, positive agreement between the participants to engage in a specific sexual act or activity. Previous relationships or consent does not imply consent to future sexual activity. Consent can be withdrawn at any time once given, so long as that withdrawal is clearly communicated. Under Wisconsin law, the age of consent is 18. Consensual sexual intercourse with a person under 18 years of age is a criminal offense.
FORCE: Force is the use of physical violence, and/or imposing on someone physically, to gain sexual access. Force includes hitting, kicking, restraining or otherwise exerting their physical control over another person through violence. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance to produce consent.
INCAPACITATION: Incapacitation is defined as a state in which a person cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, where, why or how” of their sexual interaction). Incapacitation can occur mentally or physically, from developmental disability, by alcohol or other drug use, or blackout.
This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the ingestion of “date rape” drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy.
The use of alcohol or other drugs will never function as a defense for any behavior that violates this policy.
PROHIBITED BEHAVIOR: Any action, verbal, physical, or otherwise, implicitly or explicitly covered in this policy that violates state laws, the Title IX of the Educational Amendments, and/or the matriculation oath of Nashotah House Students or code of conduct of faculty and staff. See section B below for specifics.
RESPONDENT: Respondent refers to a student, employee, or faculty member who allegedly violated this policy.
Sexual harassment is prohibited by this Policy. Sexual harassment includes unwelcome sexual advances and requests for sexual favors. Other unwelcome conduct which may constitute sexual harassment includes, but is not limited to, the following:
All members of the Nashotah House community have the right to be free from sex discrimination in the form of sexual harassment and unwanted sexual contact. Sex discrimination, sexual harassment, sexual assault, dating violence, domestic/family violence, and stalking are prohibited by federal law, state law and Nashotah House policy. The seminary is committed to appropriately addressing alleged acts of sexual harassment and sexual violence whether the behavior occurs on or off campus that impacts students, faculty, staff and/or visitors to the campus.
Please note the options below for assistance following any incident of sexual harassment or sexual assault. Remember that in cases of sexual assault, whether or not an individual chooses to formally report an incident, receiving immediate medical attention and/or counseling is vital to the person’s overall health and wellness. Likewise, seeking immediate medical attention is vital to preserve evidence if an investigation is to follow.
Stalking can be defined in one of two ways:
Or stalking can be:
Sexual exploitation laws and regulations govern pastoral relationships or relationships between adults of unequal power, such as doctor/ patient, therapist/client, or professor/student. Wisconsin law expressly prohibits clergy from developing exploitative relationships with members of their congregations or with other adults over whom they have influence by virtue of their position or role. Nashotah House does not tolerate sexual exploitation in any form. Sexual exploitation is the development or attempted development of a sexual relationship between a person in any ministerial position, lay or ordained, and an individual with whom he or she has a Pastoral Relationship.
A Pastoral Relationship is a relationship:
Sexual exploitation includes but is not limited to the following actions:
Nashotah House will not take any action in retaliation against any seminary personnel or student who, in good faith and with a genuine belief that he/she has been sexually harassed, brings or voices a complaint pursuant to this Policy or otherwise opposes sexual harassment. In addition, Nashotah House will not tolerate any retaliatory acts by other individuals.
Retaliation is a serious violation of seminary policy and applicable law. If you believe you have been subjected to retaliation in violation of this Policy, you should report your complaint immediately in the manner specified in below. Individuals will be subject to discipline, up to and including termination if they are found to have retaliated against an individual because such individual (1) in good faith and with a genuine belief that he/she has been subjected to sexual harassment, made an honest complaint about such conduct, (2) participated honestly and in good faith in any investigation into a sexual harassment complaint, and/or (3) in good faith opposed acts of sexual harassment.
If you believe that the actions or words of a faculty member, student, supervisor/manager, co-worker, customer, vendor, volunteer, or other individual in the Nashotah House Seminary community constitutes illegal or prohibited sexual harassment, you have a responsibility to promptly report that behavior to Seminary administration. Prompt reporting enables the Seminary to stop the sexual harassment, before it becomes severe or pervasive.
If you believe you have been the victim of any form of sexual harassment or retaliation, you must promptly give notice of your complaint to one or more of the following persons:
The individuals listed below make up Nashotah’s Title IX team. The Title IX Coordinator is the designated agent of the Seminary responsible for overseeing Seminary policy, procedures and compliance with Title IX legislation, regulation and case law. The Title IX Coordinator shall document all reports of incidents of sexual harassment.
The Deputy Title IX Coordinator work with the Title IX Coordinator and may act on her behalf when so designated. Additionally, the Deputy Coordinator serves as a person to whom reports or complaints may be reported, and can investigate complaints. Reports to Nashotah’s Title IX Coordinator and Deputy Title IX Coordinator may be made via email (TitleIX@nashotah.edu), phone or in person as set forth below:
In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality, meaning they are not required to report actual or suspected Prohibited Conduct to other Seminary officials, thereby offering options and advice without any obligation to inform an outside agency or individual unless you have requested information to be shared. Other resources must take action when you report an alleged violation to them. The following describes the confidential reporting options :
All of the above resources will maintain confidentiality except in extreme cases of immediate threat or danger, or abuse of a minor.
Note: An employee is not required to complain to your supervisor or within your chain of command. In addition, to reporting the offending behavior to one of the people listed above, you are encouraged to speak directly to the individual whose conduct you find objectionable. You are not required to do this and it is suggested for you to consider doing only if you are comfortable doing so. If you decide to speak directly to the person involved, you may find that clear communication can sometimes resolve an issue immediately, as well as build greater understanding between individuals in the Seminary and Church.
All supervisors and decision-makers are required to report all formal and informal complaints, as well as any suspected or known policy violations, immediately to the Title IX Coordinator, even if you ask the supervisor or decision-maker to keep the complaint confidential, or indicate that you do not wish to file a formal complaint. Seminary personnel are required to report immediately any suspected or known policy violations to the Title IX Coordinator.
All supervisors and decision-makers are expected to act promptly and appropriately to prevent (1) sexual harassment in the seminary, and (2) retaliation against those who make a good faith complaint of sexual harassment, or those who participate honestly and in good faith in either an investigation of a complaint or oppose illegal or prohibited sexual harassment in the seminary.
All complaints of sexual harassment will be reviewed and investigated promptly and impartially by the seminary’s management and/or its designee. Complaints may be made verbally or in writing. Once seminary management receives notice of any complaint of sexual harassment it will swiftly determine whether or not a fact-finding investigation is necessary. If it is determined that a fact-finding investigation is necessary, it will be launched promptly. If necessary, intermediate measures may be taken before completing the investigation to ensure that further sexual harassment does not occur.
Moreover, Nashotah House will protect the confidentiality of the allegations to the extent possible; however, no individual can be promised or guaranteed strict or absolute confidentiality. For example, information may have to be disclosed to those officials and/or seminary employees and students with a need to know in order to carry out the purpose and intent of this Policy.
Corrective or disciplinary action will be taken against any seminary student or employee found to have engaged in sexual harassment. Such action may include counseling and/or appropriate disciplinary measures, up to and including termination or expulsion.
As the complaining party, you will be given notice, in a timely fashion, of the outcome of the investigation of any formal or informal complaint
The Seminary’s primary concern is the safety of its students, faculty and staff, and to encourage reporting of Prohibited Conduct. All Seminary employees have a duty to report actual or suspected Prohibited Conduct to appropriate officials, though there are some limited exceptions for those with “legal privilege.” Reporting parties may want to consider carefully whether they share personally identifiable details with employees who have a duty to report, as those details must be shared by the employee with the Title IX Coordinator and/or Deputy Title IX Coordinator(s), and/or Delafield PD. To be clear, employees with a duty to report must share all details of the reports they receive.
If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the reporting party may make such request to the Title IX Coordinator and/or Deputy Title IX Coordinator(s), who will evaluate that request in order to ensure the safety of the campus, in compliance with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, the Seminary may be unable to honor a request for confidentiality. In cases where a Complainant requests confidentiality and the circumstances allow the Seminary to honor that request, the Seminary will offer interim support and measures to a Complainant and the community, but will not otherwise pursue formal action.
A Complainant has the right and can expect to have complaints taken seriously by the Seminary when reported, and to have those incidents investigated thoroughly and properly resolved through the procedures set forth below. The Seminary will promptly act on any complaint or notice of violation of this Policy when received by the Title IX Coordinator or any Deputy Title IX Coordinator, subject to Complainant’s request for confidentiality. The Seminary will not discipline a student who makes a good faith report of Prohibited Conduct.
Reporting still affords some privacy to the reporter. Information will be shared only as necessary with people who need to be told (e.g., investigators, witnesses, and the responding party/parties). The number of people with this knowledge will be kept as small as possible to preserve a reporting party’s rights and privacy.
Reports regarding any form of sexual harassment, discrimination or sexual misconduct may be reported to the Title IX Coordinator or Deputy Title IX Coordinator.
Complainants must be aware that an investigation conducted by the Seminary is distinct from a criminal investigation and flows from the Seminary’s obligation under Title IX and related laws to ensure that it is providing a safe environment for all community members.
You may formally or informally complain to any of the above personnel via any of the following:
The Healing Center (Milwaukee)
414-671-4325 Crisis line
Nashotah House students are required to review this policy at the start of each academic year. New students will be require to complete Safe Guarding Gods Children and Safe Guarding God’s People (or their equivalent) prior to the start of classes. Students will also be expected to participate in any refresher courses, seminars, or training that may be deemed necessary by the administration.
Nashotah House employees are required to take training on sexual harassment and the seminary’s sexual harassment policy. New seminary employees must be trained before they start work in their seminary position. If that is not possible, the Policy must be reviewed and discussed with them before they start work and the training must be completed within three (3) months of starting.
Supervisors and decision-makers must complete training on sexual harassment, including preventing and responding to sexual harassment, within three (3) months of the effective date
of this Policy, or of becoming a supervisor or decision-maker.
The Title IX Coordinator and Deputy Title IX Coordinators may serve as an investigator and are trained in Title IX, all aspects of the complaint process, and can serve in any of the following roles:
All persons serving as investigators have received annual training approved by the Title IX Coordinator, including a review of Seminary policies and procedures, so that they are able to perform thorough, impartial investigations and provide accurate information to members of the Seminary community.
Following receipt of a complaint, the Title IX Coordinator or Deputy Coordinator will promptly work with and interview the Complainant and coordinate the Seminary’s response. If the complaint does not allege a Policy violation, or if other resolution options are appropriate, or if a Complainant does not wish to pursue further action, then the complaint will not proceed to a Seminary Title IX investigation, barring extenuating circumstances.
If the Title IX Coordinator determines a full investigation should proceed, the Seminary will conduct a prompt, fair, and impartial investigation. A Seminary Title IX investigation will normally be completed within 60 calendar days after the Seminary begins its investigation. The Title IX Coordinator may extend this time frame for good cause with written notice to the Complainant and Respondent. Good cause for extensions includes, but is not limited to, the following: 1) the complexity of the case requires additional time; 2) there are multiple parties involved; 3) the witnesses or parties are unavailable or uncooperative; 4) Seminary closure or academic breaks; 5) if a Seminary investigation would compromise a law enforcement investigation.
The Seminary may briefly delay its investigation to allow evidence collection by law enforcement.
The process set forth in this policy is separate and distinct from any criminal investigation or proceeding and is a result of the Seminary’s obligation under Title IX to ensure it is providing a safe environment. The Seminary reserves the right to conduct its own Title IX investigation when it has reason to believe that the Respondent may be an imminent threat to the safety of the Complainant and/or the Seminary community.
Both the Complainant and Respondent in the Seminary Title IX investigation process may have the assistance of an advisor or support person of their choosing throughout the process. This individual may be a friend, faculty/staff member, family member, or an attorney. The role of the advisor/support person is limited. Complainants and Respondents are expected to ask and respond to questions on their own behalf. The advisor/support person may consult with the advisee quietly or in writing, or outside the meeting during breaks, but may not speak on behalf of the advisee to the investigator. If the advisor or support person is an attorney the investigator may reschedule the time and or date of the interview(s) so that Nashotah House legal counsel may be present.
The Title IX Coordinator or Deputy Coordinator may enact interim measures intended to address the short or long-term effects of Prohibited Conduct and to prevent further harassment or violations. To the extent reasonable and feasible, the Seminary will consult with the Complainant in determining appropriate interim measures. Interim measures may include, but are not limited to, the following:
If the Complainant requests confidentiality or asks that the complaint not be pursued, the Seminary will take all reasonable steps to investigate and/or respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a Complainant insists that their name or other identifiable information not be disclosed to the alleged perpetrator, the Seminary’s ability to respond may be limited and the Seminary shall inform Complainant of this fact. Regardless of a Complainant’s request for confidentiality or that an investigation not take place, the Seminary will still provide interim measures and resources to the Complainant.
Title IX prohibits retaliation, and the Seminary will not only take steps to prevent retaliation but also take strong responsive action if it occurs, even if a formal investigation is not pursued.
The Seminary will not require a student, faculty or staff, who complains of harassment to work out the problem directly with the Respondent.
When it is determined that a formal investigation is necessary, the Title IX Coordinator will open a case file and the investigation will proceed as follows:
The Seminary will, where appropriate, take reasonable steps to remedy the harm to the affected individual(s) of the sexual harassment, including counseling to those who have been subjected to or who have engaged in sexual harassment.
Nashotah House reserves the right to impose differing sanctions, depending on the severity and/or pervasiveness of the violation. In determining sanctions, the Seminary will consider the concerns and rights of both the Complainant and the Respondent.
The following sanctions may be imposed upon any member of the community found to have violated this Policy. In determining the appropriate sanction(s), the Seminary must examine and consider a number of factors, including, but not limited to: 1) level of risk or harm to the community; 2) the nature and seriousness of the offense; 3) use of drugs or alcohol; 4) motivation underlying the Respondent’s behavior; 5) the Respondent’s disciplinary history, including prior violations of the same or similar type; 6) cooperation with the investigation.
Note: sanctions will not generally be implemented until after the appeal deadline has passed or, if an appeal is filed, until after the appeal has concluded. However, Nashotah House reserves the right to keep in place interim measures, or to implement additional measures, on a case-by-case basis, at any time.
Note: Violations not falling within this policy may be referred for review/possible action under other Seminary policies/procedures (e.g., the Student Conduct Code, Employee Handbook, or Faculty Handbook).
The original finding and sanction(s) will stand if the decision is not appealed or if an appeal is not timely.
Once a Decision Notification Letter is issued under this Policy, the Complainant and the Respondent shall each have the right to submit an appeal to the Title IX Coordinator within five (5) business days of receiving the written Decision Notification Letter from the Title IX Coordinator. The Decision Notification Letter will be provided in person and/or emailed to the parties’ Seminary-issued email account. Once the Decision Notification Letter is provided in person and/or sent via email, it will be deemed presumptively delivered.
Any party who files an appeal must do so in writing and submit it to the Title IX Coordinator who will determine if the appeal is timely. If the appeal is timely, the Title IX Coordinator will assign the appeal to an appropriate Appeal Officer (e.g., The Dean or an Associate Dean). A copy of the appeal will be promptly provided to the non-appealing party.
The appeal process is not a hearing or a review of the entire matter; rather, it is a review of the record and process only. Appeal decisions are to be deferential to the original investigative findings and determination, remanding only when there is clear reason to do so. Further, modification of the sanction(s) shall only occur if there is a compelling justification to do so.
The Appeal Officer may take one of three possible actions on appeal:
Procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures.)
To consider new evidence, unavailable during the original investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
The sanction(s) imposed fall outside the range of sanctions designated for this offense and the cumulative conduct history of the responding party.
The Appeals Officer will typically render a written decision on the appeal to the Title IX Coordinator within five (5) business days from receipt of the appeal. The Title IX Coordinator will forward the written decision of the Appeals Officer to the parties.
The Appeals Officer’s decision is final and there are no further appellate options.
Nashotah House shall maintain documents and other data relating to specific complaints or other reports of sexual harassment of students, faculty and staff, regardless of sanction, including the following:
Nashotah House Theological Seminary reserves the right to modify, amend, or terminate this Policy at any time. Students, faculty and staff are encouraged to check online for the most current version of all policies and procedures. If government regulations change in a way that impacts this document, this document will be construed to comply with government regulations in their most recent form. This policy is effective as of August 1, 2018. This policy supersedes all previous Nashotah House policies with respect to Title IX and related discrimination matters. (Previous versions of this policy are available upon request.)
In addition to the rights set forth in this policy, Complainants and Respondents have the following rights: