Grievance Process Pool Members

A.     Pool Member Assignments

Members of the Pool are trained annually, and can serve in in the following roles, at the discretion of the Title IX Coordinator:

• To provide appropriate intake of and initial guidance pertaining to complaints

• To serve in a facilitation role in Alternate Resolution if appropriately trained in appropriate resolution modalities (e.g., mediation, restorative practices)

•  To perform or assist with initial assessment

•  To investigate complaints

•  To serve as a hearing facilitator (process administrator, no decision-making role)

•  To serve as a decision-maker regarding the complaint

•  To serve as an Appeal decision-maker

B.     Pool Member Appointment

The Title IX Coordinator appoints the Pool, which acts with independence and impartiality. While members of the Pool are typically trained in a variety of skill sets and can rotate between the different roles listed above in different cases, the University can also designate permanent roles for individuals in the Pool, using others as substitutes or to provide greater depth of experience when necessary. This process of role assignment may be the result of particular skills, aptitudes, or talents identified in members of the Pool that make them best suited to particular roles. Individuals who are interested in serving in the Pool are encouraged to contact the Title IX Coordinator.

C.     Pool Member Training

The Pool members receive annual training. This training includes, but is not limited to:

•  The scope of the MUSC Policy on Prohibited Discrimination, Harassment, and Retaliation

•  How to conduct investigations and hearings that protect the safety of Complainants and Respondents, and promote accountability

•  Implicit bias

•  Disparate treatment and impact 

•  Reporting, confidentiality, and privacy requirements

•  Applicable laws, regulations, and federal regulatory guidance

•  How to implement appropriate and situation-specific remedies

• ·How to investigate in a thorough, reliable, and impartial manner

•  How to uphold fairness, equity, and due process

•  How to weigh evidence 

•  How to conduct questioning

•  How to assess credibility

• ·Impartiality and objectivity

•  How to render findings and generate clear, concise, evidence-based rationales

• ·The definitions of all offenses

•  How to apply definitions used by the recipient with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with policy

• ·How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes

•  How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and bias

•  Any technology to be used at a live hearing

•  Issues of relevance of questions and evidence

• ·Issues of relevance to create an investigation report that fairly summarizes relevant evidence

• ·How to determine appropriate sanctions in reference to all forms of harassment, discrimination, and/or retaliation allegations

Specific training is also provided for Appeal decision-makers, intake personnel, and Chairs. All Pool members are required to attend these trainings annually.