Sanctions (Response 8/13/2020)
If the decision-maker makes a finding, can another person or panel make sanctioning decisions, if the sanction will depend in any way on the decision-maker’s assessment of credibility, but the sanctioner was not present at the hearing?
The new Title IX Rule requires a decision-maker to prepare a written determination regarding responsibility that contains, among other items, any disciplinary sanctions imposed on the respondent. § 106.45(b)(7). The Rule does not preclude a recipient from having multiple decision-makers in the context of any given formal complaint, some of whom decide the question of responsibility, and some of whom reach a decision as to appropriate disciplinary sanctions. However, the written determination issued by the decision-maker(s) must comply with § 106.45(b)(7), by including any disciplinary sanctions imposed on the respondent.