Sanctions or responsive actions will be recommended by the ERP. 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 grievances or allegations involving similar conduct
- Any other information deemed relevant by the ERP
- The need for sanctions/responsive actions to bring an end to the discrimination, harassment and/or retaliation
- The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment and/or retaliation
- The need to remedy the effects of the discrimination, harassment and/or retaliation on the victim and the community
i. Student Sanctions
A complete list of student sanctions that may be imposed upon students or organizations singly or in combination can be found in Appendix 1. At any point in the process at which sanctions are to be imposed, the reporting party will have the right to submit a written impact statement to be considered before sanctions are determined.
For crimes of violence, including, but not limited to sexual violence, Marist College will make a notation on the transcript of students found responsible after a conduct process that they were "suspended after a finding of responsibility for a code of conduct violation" or "expelled after a finding of responsibility for a code of conduct violation." For any respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, Marist College will make a notation on the transcript that they "withdrew with conduct charges pending." Marist College permits a student seeking removal of a transcript notation for a suspension to petition the Title IX Coordinator in writing for such removal, provided that such notation will not be removed prior to one year after conclusion of the suspension. Notations for expulsion will not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation will be removed.
ii. Employee Sanctions
Responsive actions for an employee who has engaged in sexual misconduct, harassment, discrimination and/or retaliation include warning, required counseling, demotion, suspension with pay, suspension without pay and termination.