Title IX Grievance Procedure for Sex Discrimination Complaints

Effective August 1, 2024

Disclaimer: Touro University and Touro University Worldwide are currently the subject of the pending injunction by a Kansas District court. Kansas v. United States Department of Education, No. 24-4041-JWB, 2024 U.S. Dist. WL 3273285 (D. Kan., July 2, 2024). Notwithstanding that fact, Touro University and Touro University Worldwide are publishing this updated policy by the August 1, 2024 deadline.

Nondiscrimination Policy

Under 2024 Amendments to the U.S. Department of Education’s Title IX Regulations

Touro University (“Touro”) does not discriminate on the basis of sex and prohibits sex discrimination in any Education Program or Activity that it operates, as required by Title IX, including in admission and employment.

Notice of Nondiscrimination

Under 2024 Amendments to the U.S. Department of Education’s Title IX Regulations

Touro University is an equal opportunity employer. Touro University treats all employees, job applicants, and students without unlawful consideration of race, ethnicity, religious creed, color, national origin, ancestry, sex (including pregnancy, childbirth or related medical condition), age, disability, medical condition, marital status, genetic information, sexual orientation, gender, gender identity, gender expression, military service or veteran status, citizenship status, or any other classification protected by applicable federal, state or local laws. We are committed to ensuring the fulfillment of this policy in all decisions, including but not limited to, recruitment, the administration of educational programs and activities, hiring, compensation, training and apprenticeship, placement, promotion, upgrading, demotion, downgrading, transfer, layoff, suspension, expulsion and termination, and all other terms and conditions of admission, matriculation, and employment.

Inquiries or complaints concerning the non-discrimination policies should be sent to Nicole Barnett, 3 Times Square, 11th Floor, New York, New York, 10036, nicole.barnett@touro.edu (646-565-6285) or, alternatively, to the Chief Compliance Officer at compliance@touro.edu and 646-565-6000 x55330

As an alternative, individuals may contact the Office for Civil Rights of the U.S. Department of Education for inquiries concerning the above. The Office for Civil Rights is located at 32 Old Slip, 26th Floor, New York, New York 10005. They may be reached by phone at 646-428-3800 or via email at OCR.NewYork@ed.gov.

Abbreviated Notice of Nondiscrimination

Touro prohibits sex discrimination in any Education Program or Activity that it operates. Individuals may report concerns or questions to the Title IX Coordinator. The notice of nondiscrimination is located at https://www.touro.edu/non-discrimination/

Grievance Procedure for Complaints of Sex Discrimination Other Than Sex-Based Harassment

Grievance Procedure for Complaints of Sex Discrimination

Effective Date
This Procedure applies to incidents that occur on or after August 1, 2024. Any incidents reported under this Procedure that occurred on or before July 31, 2024, will be processed through the institution’s 2020 Title IX Grievance Policy and/or Touro’s Sexual Misconduct Policy.

Should any portion of the 2024 Title IX Final Rule (89 Fed. Reg. 33474 (Apr. 29, 2024)), be stayed or held invalid by a court of law, or if the 2024 Title IX Final Rule is withdrawn or modified to not require elements of this Grievance Procedure, the Grievance Procedure in its entirety, or the invalidated elements of this Procedure, they will be deemed revoked as of the publication date of the opinion or order from the Court and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by the date of the opinion or order publication by the Court. If this Procedure is revoked in this manner, any conduct covered under this Procedure shall be investigated and adjudicated under the previous 2020 Title IX Grievance Policy and/or Touro’s Code of Conduct, and/or Sexual Misconduct Policy. Touro will update this Grievance Procedure as soon as practicable to reflect any court rulings or changes that invalidate parts of the Grievance Procedure, if applicable.
Scope of Procedure

Touro has adopted a grievance procedure that provides for the prompt and equitable resolution of sex discrimination Complaints made by students, employees, or other individuals who are participating or attempting to participate in its Education Program or Activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

Sex discrimination, as defined by Title IX, includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Title IX’s prohibition on sex discrimination includes sex-based harassment in the form of quid pro quo harassment, hostile environment harassment, and four specific offenses (sexual assault, dating violence, domestic violence, and stalking). For the prompt and equitable resolution of Complaints of sex-based harassment involving a student Party, the institution will utilize institution’s Sex-Based Harassment Grievance Procedure.
Jurisdiction of Procedure
- This Procedure applies to all sex discrimination occurring under Touro’s Education Program or Activity in the United States.
- Conduct that occurs under Touro’s Education Program or Activity includes but is not limited to conduct that occurs in a building owned or controlled by a student organization that is officially recognized by Touro and conduct that is subject to Touro’s disciplinary authority.
- Touro has an obligation to address a sex-based hostile environment under its Education Program or Activity, even when some conduct alleged to be contributing to the hostile environment occurred outside the recipient’s Education Program or Activity or outside the United States.
  - In the limited circumstances in which Title IX permits different treatment or separation on the basis of sex, Touro must not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm, except as permitted by law.
Definitions
1. Admission means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an Education Program or Activity operated by Touro.
2. Consent means a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
3. Complainant means:
  (a) a student or employee who is alleged to have been subjected to conduct that could constitute sex-based harassment as defined in this procedure and who was participating or attempting to participate in Touro’s Education Program or Activity; or
  
  (b) a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex-based harassment under these grievance procedures and who was participating or attempting to participate in Touro’s Education Program or Activity at the time of the alleged sex-based harassment.
4. Complaint means an oral or written request to Touro that objectively can be understood as a request for Touro to investigate and make a determination about alleged sex discrimination at the institution.
5. Disciplinary Sanctions means consequences imposed on a Respondent following a determination under this grievance procedure that the Respondent violated Touro’s prohibition sex discrimination. For students, faculty and staff, the existence of a progressive system of disciplinary sanctions measures does not preclude Touro University from levying a heavy sanction, without first resorting to a lesser sanction. By way of illustration and not exclusion, Touro University may expel a student or terminate a staff member for a violation of policy without first issuing a warning or putting that student or employee on probation.
6. Education Program or Activity means all of the operations of a college, university, or other postsecondary institution, or a public system of higher education.
7. Party means Complainant or Respondent.
8. Peer Retaliation means retaliation by a student against another student.
9. Privacy and Confidentiality: References made to confidentiality refer to the ability of identified confidential resources (e.g. priests/clergy) to not report crimes and violations to law enforcement or Touro officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. Touro offices and employees cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. Touro will endeavor to limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality or privacy cannot be honored. Please note that Touro does not have any personnel that can be deemed or considered “Confidential Employees” and, as such, all information provided to Touro may be disclosed to the Title IX Coordinator or other relevant administrator with Authority.
10. Pregnancy or related conditions means
  
  (a) Pregnancy, childbirth, termination of pregnancy, or lactation;
  
  (b) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
  
  (c) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
11. Relevant means related to the allegations of sex discrimination under investigation as part of this Grievance Procedure. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.
12. Remedies means measures provided, as appropriate, to a Complainant or any other person Touro identified as having had their equal access to Touro’s Education Program or Activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to Touro’s Education Program or Activity after Touro determines that sex discrimination occurred.
13. Respondent means a person who is alleged to have violated Touro’s prohibition on sex discrimination.
14. Retaliation means intimidation, threats, coercion, or discrimination by any person by Touro, a student, or an employee or other person authorized by Touro to provide aid, benefit, or service under Touro’s Education Program or Activity, for the purpose of interfering with any right or privileged secured by Title IX, or because the person has reported information, made a Complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Grievance Procedure, including an informal resolution process.
15. Sex-Based Harassment means sexual harassment and other harassment on the basis of sex, including harassment because of gender identity, sexual orientation, sex characteristics, sex stereotypes, and/or pregnancy and other conditions, that is:
  (1) Quid pro quo harassment. An employee, agent or other person authorized by Touro’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
  
  (2) Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Touro’s Education Program or Activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
  1. The degree to which the conduct affected the Complainant’s ability to access Touro’s Education Program or Activity;
  2. The type, frequency, and duration of the conduct;
  3. The Parties’ ages, roles within Touro’s Education Program or Activity, previous interactions and other factors about each Party that may be relevant to evaluating the effects of the conduct;
  4. The location of the conduct and the context in which the conduct occurred; and
  5. Other sex-based harassment in Touro’s Education Program or Activity.
  (3) Sexual Assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
  
  (4) Dating Violence means any violence committed by a person:
  - (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  - (B) Where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.
  (5) Domestic Violence means any felony or misdemeanor crimes committed by a person who:
  - (A) Is a current or former partner of the victim under the family or domestic violence laws of the applicable state or a person similarly situated to a spouse of the victim;
  - (B) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
  - (C) Shared a child in common with the victim; or
  - (D) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the applicable state; or
  (6) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
  - (A) fear for the person’s safety or the safety of others; or
  - (B) suffer substantial emotional distress.
16. Student means a person who has gained admission.
17. Supportive Measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:
  - 1) Restore or preserve that Party’s access to Touro’s Education Program or Activity, including measured that are designed to protect the safety of the Parties or Touro’s educational environment; or
  - 2) Provide support during Touro’s Grievance Procedure for sex discrimination or during the informal resolution process.
Basic Requirements of Title IX Grievance Procedure:

a) Equitable Treatment: Touro will treat Complainants and Respondents equitably.

b) Conflicts and Bias: Touro requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.

c) Presumption: Touro presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its Grievance Procedure.

d) Reasonably Prompt Timeframes: Establish reasonably prompt timeframes for the major stages of this grievance procedure, further described below under Subsection E “Investigations.”

e) Extensions: Touro has also established the following process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the Parties that includes the reason for the delay.

f) Privacy: Touro will take reasonable steps to protect the privacy of the Parties and witnesses during its grievance procedure. These steps will not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedure. The Parties cannot engage in retaliation, including against witnesses.

g) Objectivity: Touro will objectively evaluate all evidence that is relevant and not otherwise impermissible including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

h) Impermissible Evidence: The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by Touro to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
- i) Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
- ii) A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless Touro obtains that Party’s or witness’s voluntary, written consent for use in its grievance procedures; and
- iii) Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.
Disability Accommodations
1. Generally
  
  This Procedure does not alter any institutional obligations under federal and state disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Procedure that do not fundamentally alter the Procedure. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.
2. Supportive Measures
  
  If the Complainant or Respondent discloses a disability, the Title IX Coordinator may consult, as appropriate, with the Office of Student Disability Services to provide support to students with disabilities to determine how to comply with Section 504 of the Rehabilitation Act of 1973 in the implementation of any supportive measures.
Reporting Sex Discrimination to the Institution
1. Complaints
  
  The following people have a right to make a Complaint of sex discrimination, including Complaints of sex-based harassment, requesting that Touro investigate and make a determination about alleged discrimination under Title IX:
  - A “Complainant,” which includes: a student or employee of Touro who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
  - A person other than a student or employee of Touro who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in Touro’s Education Program or Activity;
  - A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or Touro’s Title IX Coordinator.
2. With respect to Complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a Complaint:
  - Any student or employee of Touro; or
  - Any person other than a student or employee who was participating or attempting to participate in Touro’s Education Program or Activity at the time of the alleged sex discrimination.
3. Types of Complaints that may be addressed under these Grievance Procedures include, but are not limited to, sex discrimination other than sex-based harassment, such as:
  - Complaints of retaliation;
  - Complaints of sex discrimination that do not involve sex-based harassment;
  - Complaints regarding failure to make reasonable modifications to policies, practices or procedures as necessary to ensure equal access and prevent sex discrimination on the basis of parental, family or marital status, including pregnancy or related conditions; or
  - Complaints that Touro’s policies or procedures discriminate on the basis of sex.
4. Complaints may be submitted in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.
  
  Contact Information for the Title IX Coordinator at each Touro School:
  
  Touro University and New York Medical College
  Matthew Lieberman
  3 Times Square, 11th Floor
  New York, NY 10036
  Phone: (646) 565-6000 x55667
  Email: matthew.lieberman@touro.edu
  
  Touro University Nevada
  Zachary Shapiro
  874 American Pacific Drive
  Henderson, Nevada 89014
  Phone: (707) 638-5459
  Email: zachary.shapiro@tu.edu
  
  Touro University California
  Zachary Shapiro
  690 Walnut Avenue, Suite 210
  Vallejo, California 94592
  Phone: (707) 638-5459
  Email: zachary.shapiro@tu.edu
  
  Touro University Worldwide / Touro College Los Angeles
  Zachary Shapiro
  10601 Calle Lee, Suite 179
  Los Alamitos, CA 90720
  Phone: (707) 638-5459
  Email: zshapiro@touro.edu
  
  Hebrew Theological College / Touro University Illinois
  Nurit Siegal
  2606 W. Touhy Avenue
  Chicago, Illinois 60645
  Phone: (773) 973-0241 x3109
  Email: nsiegal2@htc.touro.edu
  
  Touro College of Osteopathic Medicine, Montana
  Jeanine Morgan
  2801 18th Avenue S
  Great Falls, MT 59405
  (406) 401-8160
  jmorgan12@touro.edu
5. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.
6. B. Confidential Reports
  The following officials at Touro will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited by Title IX:
  - Title IX Coordinator or designee(s);
  - Officials with Authority to institute corrective measures under Title IX;
  - All other employees at Touro that are designated as confidential resources
  Please note that Touro employees cannot guarantee confidentiality in any situation.
7. C. Public Awareness Events
  When Touro’s Title IX Coordinator is notified of information about conduct that reasonably may constitute sex-based harassment under Title IX or this policy that was provided by a person during a public event to raise awareness about sex-based harassment that was held on Touro’s campus or through an online platform sponsored by it, Touro is not obligated to act in response to the information, unless it indicates an imminent and serious threat to the health or safety of a Complainant, any students, employees, or other persons.
  
  However, in all cases Touro must use this information to inform its efforts to prevent sex-based harassment, including by providing tailored training to address alleged sex-based harassment in a particular part of its Education Program or Activity or at a specific location when information indicates there may be multiple incidents of sex-based harassment.
  
  Nothing in Title IX or this policy obligates Touro to require its Title IX Coordinator or any other employee to attend such public awareness events.
Supportive and Interim Measures
1. Providing Supportive Measures
  
  Complainants who report allegations of sex-based harassment have the right to receive supportive measures from Touro regardless of whether they file a Complaint. Supportive measures are non-disciplinary and non-punitive. Supportive measures may vary depending upon what is reasonably available at Touro.
  
  As appropriate, supportive measures may include but not be limited to:
  - Counseling services;
  - Extensions of deadlines or other course-related adjustments;
  - Modifications of work or class schedules;
  - Campus escort services, as available;
  - Restrictions on contact applied to one or more Parties (no contact orders)
  - changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative;
  - Leaves of absence;
  - Increased security and monitoring of certain areas of the campus; or
  - Training and education programs related to sex-based harassment.
  Supportive measures must not unreasonably burden either Party and must be designed to protect the safety of the Parties or Touro’s educational environment, or to provide support during Touro’s sex-based harassment grievance procedure under this policy or during informal resolution under these procedures.
  
  Touro may modify or terminate Supportive Measures at the conclusion of the grievance procedure or at the conclusion of the informal resolution process, or may continue them beyond that point within Touro’s discretion.
  
  Touro may disclose information about any Supportive Measures provided to either party, including informing one Party of Supportive Measures provided to another Party. These disclosures are at the sole and absolute discretion of the Title IX Coordinator, though the Parties can request that the supportive measures not be shared. Supportive measures may also be shared if necessary to provide the supportive measure or restore or preserve a Party’s access to Touro’s education program or activity.
  
  Supportive measures may otherwise be disclosed to the extent that the Title IX Coordinator determines necessary;
  - When the information is disclosed to an appropriate third Party with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
  - To carry out the purpose of the policy when it is necessary to address conduct that reasonably may constitute sex-based harassment under Title IX in Touro’s Education Program or Activity;
  - As required by Federal law, federal regulations, or the terms and conditions of a federal award; or
  - To the extent such disclosures are not otherwise in conflict with Title IX, when required by State or local law or when permitted under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g, or its implementing regulations, 34 CFR Part 99).
2. Process for Review of Supportive Measures
  
  Touro provides for a Complainant or Respondent to seek modification or reversal of Touro’s decision to provide, deny, modify or terminate a supportive measure. Grounds for challenge of Supportive Measures include, but are not limited to:
  - Whether a Supportive Measure is reasonably burdensome;
  - Whether a Supportive Measure is reasonably available;
  - Whether a Supportive Measure is being imposed for punitive or disciplinary reasons;
  - Whether the Supportive Measure is being imposed without fee or charge; and
  - Whether the Supportive Measure is effective in meeting the purposes for which it is intended, including to restore or preserve access to the Education Program or Activity, provide safety, or provide support during the Grievance Procedure.
  This review will be done by an impartial employee of Touro, who did not make the challenged decision on the original supportive measure request. The impartial employee of Touro who makes this determination will have the authority to modify or reverse the decision if that impartial employee determines that the decision to provide, deny, modify or terminate the supportive measure was inconsistent with the procedure as outlined above for providing supportive measures in accordance with the Title IX regulations.
  
  Parties are only allowed to challenge their own individual supportive measures. Challenges by one Party will not be heard to supportive measures afforded to the opposite Party, unless that supportive measure directly impacts the Party making such challenge (i.e., two-way no contact orders).
3. Emergency Removal
  
  Touro retains the authority to remove a Respondent from all or part of Touro’s education program or activity on an emergency basis, where Touro (1) undertakes an individualized safety and risk analysis, and (2) determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex-based harassment justifies removal.
  
  Touro will provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal. The request for an appeal must include the grounds for which the request is based and be submitted in writing to the Title IX Coordinator within seven (7) business days following the date of the emergency removal. Upon receipt of the appeal, the other party will receive notification of the appeal.
  
  The decisionmaker who hears a challenge to an emergency removal must not be involved in any decision regarding responsibility or appeal of a determination.
  
  Emergency removals will not be considered Relevant evidence that can be considered in reaching a determination of whether Sex-Based Harassment occurred.
4. Administrative Leave
  
  Touro retains the authority to place a non-student employee Respondent on administrative leave during the Title IX Grievance Procedure, consistent with the Employee or Faculty Handbook.
  
  Note on student employees: when a Complainant or Respondent is both a student and an employee of Touro, Touro will make a fact-specific inquiry to determine whether these procedures apply to that student employee. If the Complainant or Respondent’s primary relationship with Touro is to receive an education and whether the alleged sex-based harassment occurred while the Party was performing employment-related work.
The Title IX Grievance Procedure for Sex Discrimination
1. Filing a Complaint
  
  Who can make a Complaint?
  - A Complainant, which includes: a student or employee of Touro who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or a person other than a student or employee of Touro who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in Touro’s Education Program or Activity;
  - An authorized legal representative with the legal right to act on behalf of a Complainant; or
  - The Title IX Coordinator.
  Title IX Coordinator initiated Complaints: In the absence of a Complaint or the withdrawal of any or all of the allegations in a Complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator must determine whether to initiate a Complaint of sex-based harassment. This determination is fact-specific, and the Title IX Coordinator must consider:
  - The Complainant’s request not to proceed with the initiation of a Complaint;
  - The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
  - The risk that additional acts of sex-based harassment would occur if a Complaint were not initiated;
  - The severity of the alleged sex-based harassment, including whether the sex-based harassment, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the sex-based harassment and prevent its recurrence;
  - The age and relationship of the Parties, including whether the Respondent is an employee of the recipient;
  - The scope of the alleged sex-based harassment, including information suggesting a pattern, ongoing sex-based harassment, or sex-based harassment alleged to have impacted multiple individuals;
  - The availability of evidence to assist a decisionmaker in determining whether sex-based harassment occurred; and
  - Whether Touro could end the alleged sex-based harassment and prevent its recurrence without initiating these grievance procedures.
  If after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged present as an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents Touro from ensuring equal access on the basis of sex to its Education Program or Activity, the Title IX Coordinator may initiate a Complaint.
  
  If the Title IX Coordinator does initiate the Complaint after making this determination, the Title IX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing supportive measures as listed in Section VI of these procedures.
  
  Format of Complaint
  
  As defined in IV(4) of these procedures, a Complaint can be an oral or written request to Touro objectively can be understood as a request for Touro to investigate and make a determination about alleged sex discrimination at the institution.
  
  Individuals who are looking to file a complaint are encourages to fill out the following form and submit it to the Title IX Coordinator: Title IX and Sexual Misconduct Complaint Form (touro.edu). The accused will receive notice of the complaint, although the accused will be considered innocent until proven guilty of a violation. While prompt reporting is expected, complaints older than 30 days will be processed. However, if more than 365 days have elapsed since the day of the complaint, the complaint may not be processed.
  
  Who can I report a Complaint to?
  
  Any reports of sex discrimination may be made directly to the Title IX Coordinator, whose contact information is listed at the beginning of this Grievance Procedure. There are also other ways in which a Party may report a Complaint.
  
  Touro University requires that all employees, notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination, including Sex-Based Harassment.
  
  Note: If an employee has personally been subject to conduct that reasonably may constitute sex discrimination under Title IX or any institutional policy or this Grievance Procedure, these requirements do not apply to an employee reporting a personal Complaint.
2. Consolidation of Complaints
  
  Touro may consolidate Complaints of sex discrimination against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references below to a Party, Complainant, or Respondent include the plural, as applicable. Complaints alleging a combination of Sex-Based Harassment and sex discrimination other than Sex-Based Harassment, if consolidated, will be addressed under Touro’s Grievance Procedure for Sex-Based Harassment Complaints.
3. Allegations Potentially Falling Under Two Policies:
  
  If the alleged conduct, if true, includes conduct that would constitute covered sex-based discrimination and conduct that would not constitute covered sex-based discrimination, the Title IX Grievance Process will be applied to investigation and adjudication of only the allegations that constitute covered sex-based discrimination.
4. Notice of Allegations
  
  Upon initiation of Touro’s Title IX grievance procedure, Touro will notify the Parties of the following:
  - Touro’s Title IX grievance procedure and any informal resolution process;
  - Sufficient information available at the time to allow the Parties to respond to the allegations, including the identities of the Parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
  - That Retaliation is prohibited; and
  - The Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.
  If, in the course of an investigation, Touro decides to investigate additional allegations of sex discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a Complaint that is consolidated, Touro will notify the Parties of the additional allegations.
5. Investigation
  
  Touro will provide for adequate, reliable, and impartial investigation of Complaints. The burden is on Touro—not on the Parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.
  
  After receipt of a complaint, the Compliance Officer or his/her designee will meet with the complainant as soon as possible, usually within one week, but not later than thirty (30) days after receipt. The complainant must make himself/herself available to meet.
  
  The meeting will be an intake interview where the Compliance Officer or his/her designee will inform the complainant about the investigation procedure and timeline. The complainant will have an opportunity to provide or present evidence and witnesses on their behalf. The complainant may sign a formal complaint form at that time (under the above guidelines) if he/she has not already done so. A complaint will proceed even in the absence of a signed written complaint.
  
  The University’s disciplinary process includes a prompt, fair, and impartial investigation and resolution process from the initial investigation to the final result. Upon receipt of a complaint, the Compliance Officer or his/her designee shall investigate the circumstances of the complaint. This investigation will include documented interviews of the complainant, the person against whom the complaint is written, and witnesses with relevant knowledge, if any. Further, the investigation will include a review of relevant documents and any other evidence. Touro will use the preponderance of the evidence standard in the investigation and disciplinary action, as VAWA requires.
  
  The Compliance Officer or his/her designee shall have thirty (30) days from the intake interview to complete the investigation of the event in question. Usually, the resolution of domestic violence, dating violence, sexual assault and stalking complaints are completed within 60 days of the report. However, each proceeding allows for extensions of timeframes for good cause with written notice to the accuser and the accused of the delay and the reason for the delay. University's officials involved in the investigation or adjudication of domestic violence, dating violence, sexual assault and stalking complaints are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking as well as how to conduct an investigation and hearing process that protects the safety of the victim and promotes accountability. Such thirty (30) days may be extended in the event that one of the following occurs:
  - Availability or unavailability of a witness or relevant/material documents;
  - Reluctance of a witness and/or any necessary party;
  - Delay or other uncooperative actions of any necessary party;
  - Numerosity of witnesses;
  - Holidays and vacation periods;
  - Any other unforeseeable events/circumstances.
  Both the complainant and respondent will have the same opportunities to have others present during any disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. Touro will not limit the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding, but Touro may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
  
  During any such investigation, the complainant and the accused will each reserve the right to exclude their own prior sexual history with any persons other than the party involved in the hearing during the judicial or conduct investigation process. Both will also reserve the right to exclude any mental health diagnosis and treatment during the institutional disciplinary stage which determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the stage that determines sanction.
  
  Generally speaking, an investigation will take approximately 60 calendar days following receipt of the complaint. This may not be practicable in every investigation and may vary depending on the complexity of the investigation and the severity and extent of the harassment. The institutional disciplinary procedures will not be conducted by officials who have a conflict of interest or bias for or against the accuser or the accused.
  
  Touro will provide an equal opportunity for the Parties to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible. Touro will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.
  
  Touro will provide each Party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:
  
  Touro will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If Touro provides a description of the evidence: Touro will provide the Parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any Party. The Title IX Coordinator will notify the Parties when the relevant evidence is ready for inspection and the Parties will be permitted to access the evidence at least five (5) business days prior to the hearing.
  
  Touro will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
  
  Touro will take reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the Complaint of sex discrimination are authorized.
  
  Impermissible Evidence
  
  The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by Touro to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
  - Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
  - A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless Touro obtains that Party’s or witness’s voluntary, written consent for use in its grievance procedure; and
  - Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex discrimination or preclude determination that sex discrimination occurred.
  Questioning Parties and Witnesses to Aid in Evaluating Allegations and Assessing Credibility
  
  When a party or witness’s credibility is in dispute, and such dispute is relevant to evaluating one or more allegations of sex discrimination, the investigator and/or decisionmaker must have an opportunity to question any party or witness whose credibility is in dispute in a live format.
  
  The investigator/decisionmaker will question Parties and witnesses to adequately assess a Party’s or witness’s credibility to the extent credibility is both in dispute and Relevant to evaluating one or more allegations of sex discrimination. This will occur during individual meetings with a Party or witness.
  
  Each Party shall have the opportunity to propose questions that the Party wants asked of any Party or witness and have those questions asked by the investigator/decisionmaker during one or more individual meetings, including follow-up meetings, with a Party or witness, subject to the appropriate procedures outlined herein regarding the decisionmaker’s advance evaluation of all questions. Each Party will be provided with an audio or audiovisual recording or transcript with enough time for the Party to have a reasonable opportunity to propose follow-up questions.^[1]
6. Determination Regarding Responsibility
  
  Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, Touro will:
  - Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded by the evidence, under the applicable standard, that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
  - Notify the Parties in writing of the determination whether sex discrimination occurred under Title IX, including the rationale for such determination, and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable;
  - Not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedure that the Respondent engaged in prohibited sex discrimination.
  - If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
    - Coordinate the provision and implementation of remedies to a Complainant and other people Touro identifies as having had equal access to Touro’s Education Program or Activity limited or denied by sex discrimination;
    - Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and
    - Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Touro’s Education Program or Activity.
  - Comply with the grievance procedure before the imposition of any disciplinary sanctions against a Respondent; and
  - Not discipline a Party, witness, or others participating in the grievance procedure for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.
7. Sanctions for Violations
  
  Student violators may be subject to the following sanctions and remedial measures on a case-by-case basis:
  - Warning: A written reprimand putting the student on notice that he/she has violated the Code of Conduct. A copy of this warning is placed in the student's folder.
  - No-Contact Order: A student may be ordered to temporarily not intentionally contact a victim through any medium.
  - Probation: A student may be placed on disciplinary probation for a definite period of time. While on probation, students may not hold office in Student Government Organizations, Clubs or Societies or represent the university in any capacity. Further violations while on probationary status will result in suspension or expulsion from the university.
  - Restitution: A student may be required to pay restitution to the university or to fellow students for damages and losses resulting from his/her actions.
  - Suspension: At any time during a student's enrollment at the university he/she may be suspended and barred from attending classes for a definite period, not to exceed two years. A student who is suspended is entitled to a written clarification with specific reasons for and description of the sanction. A student may not be automatically re-enrolled at the end of his/her suspension. He/she must apply to the Student Affairs Committee for re-enrollment.
  - Expulsion: Touro may terminate a student's status at the university at any time.
  Faculty and staff (part-time and full-time) who violate the policy will be subject to disciplinary sanctions on a case-by-case basis as follows:
  - Censure: A written reprimand, outlining the violation(s) of university policies, may be placed in the personnel file of individual violators.
  - Probation: Faculty and/or staff may be placed on probation for a definite period of time up to a maximum of one year. In such instances, individuals may be required to enroll in a therapeutic counseling or treatment program.
  - Suspension: Faculty and/or staff may be suspended from employment without pay for a period of time ranging from seven days to a maximum of one year.
  - Termination of Employment: Faculty and/or staff may be dismissed from employment upon written notice by the Dean of Faculties (for faculty members) or the Vice President for Administration (all other employees).
  - Legal Action: Faculty and/or staff may be turned over to law enforcement authorities for criminal prosecution and legal action.
  In both cases for students, faculty and staff, the existence of a progressive system of disciplinary sanctions measures does not preclude Touro University from levying a heavy sanction, without first resorting to a lesser sanction. By way of illustration and not exclusion, Touro University may expel a student or terminate a staff member for a violation of policy without first issuing a warning or putting that student or employee on probation.
8. Informal Resolution
  
  Procedures for Entering and Exiting Informal Resolution Process
  
  At any time prior to determining whether Sex-Based Harassment occurred under this Grievance Procedure, including prior to making a Complaint, Parties may instead seek Touro’s assistance to resolve allegations of Sex Discrimination, and may elect to enter the informal resolution process.
  
  No Informal Resolution process will be offered to resolve Formal Complaints involving a student as Complainant and a staff or faculty member as Respondent.
  
  The Parties may voluntarily elect to enter the Touro’s informal resolution process at any time through an informed written Consent. This informed written Consent will include all terms of the elected informal process, including a statement that any agreement reached through the process is binding on the Parties.
  
  No Party may be required to participate in informal resolution, and Touro may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution.
  
  The Parties may elect to leave the informal resolution process at any point until the informal resolution process is concluded. If a Party elects to leave the informal resolution process, the Grievance Procedure that the Parties paused will continue. In participating in the informal resolution process, the Parties understand that the timeframes governing the Grievance Procedure will temporarily cease, and only reinstate upon reentry into the Grievance Procedure.
  
  Supportive Measures will be available, or continue to be available if already provided, during an informal resolution process, if elected to proceed. The Title IX Coordinator will also, to the extent necessary, take other appropriate prompt and effective steps to ensure that Sex Discrimination does not continue or recur within Touro’s Education Program or Activity.
  
  Notice Prior to Entry Into Informal Resolution Process
  
  Before the initiation of an informal resolution process, the Title IX Coordinator must provide to the Parties a written notice that explains:
  - The allegations;
  - The requirements of the informal resolution process;
  - That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume Touro’s Grievance Procedure;
  - That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming Touro’s Grievance Procedure arising from the same allegations;
  - The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
  - What information Touro will maintain and whether and how Touro could disclose such information for use in its Grievance Procedure if they are initiated or resumed.
  Determination to Approve Entry into Informal Resolution Process
  
  Even where the Parties agree to submit a matter to informal resolution, the Title IX Coordinator may approve the decision to move the matter to the informal resolution process and may determine that informal resolution is not appropriate under the circumstances.
  
  Factors that the Title IX Coordinator may weigh in considering the appropriateness of the informal resolution process include, but are not limited to, the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the Respondent is a repeat offender, whether the alleged conduct would present a future risk of harm to others, and whether the Parties are participating in good faith. This determination is not subject to appeal.
  
  At any time after the commencement of the informal resolution process, the Title IX Coordinator may determine that the informal resolution process is not an appropriate method for resolving the matter, and may require that the matter be resolved through the Grievance Procedure. This determination is not subject to appeal.
  
  If informal resolution is approved or denied, Touro will provide the outcome in writing simultaneously to the Parties.
  
  Contents of Informal Resolution Agreements
  
  Potential terms that may be included in an informal resolution agreement between the Parties include but are not limited to:
  - Restrictions on contact; and
  - Restrictions on the Respondent’s participation in one or more of Touro’s education programs or activities or attendance at specific events, including Touro could have imposed as Remedies or Disciplinary Sanctions had Touro determined at the conclusion of the Grievance Procedure that Sex-Based Harassment occurred.
  Breach of Informal Resolution Agreements
  
  If a Party breaches the resolution or if Touro has other compelling reasons, such as if it learns of any fraud by a Party in entering into the agreement, Touro may void the agreement and initiate or resume the Grievance Procedure.
  
  Confidentiality:
  
  In entering the informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the Complaint is confidential. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any Party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, advisor, or other source of emotional support, or with an advocacy organization. As a condition of entering the informal resolution process, any evidence shared or received during the informal resolution process may not be used in any subsequent Grievance Procedure or institutional appeal.
9. Dismissal of a Complaint
  
  Bases for Dismissal
  
  Touro may dismiss a Complaint of sex discrimination for any of the following reasons:
  - Touro is unable to identify the Respondent after taking reasonable steps to do so;
  - The Respondent is not participating in Touro’s Education Program or Activity and is not employed by Touro;
  - The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint under the bases described in these procedures, and Touro determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute sex discrimination under Title IX or these grievance procedures even if proven; or
  - Touro determines that the conduct alleged in the Complaint, even if proven, would not constitute sex discrimination under Title IX or these procedures. Note: Touro must make reasonable efforts to clarify the allegations with the Complainant before dismissing under this basis.
  Notice of Dismissal
  
  Upon dismissal, Touro will promptly notify the Complainant of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then Touro will also notify the Respondent of the dismissal and the basis for the dismissal promptly following notification to the Complainant, or simultaneously if notification is in writing.
  
  Touro will notify the Complainant that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a Complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then Touro will also notify the Respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:
  - Procedural irregularity that would change the outcome;
  - New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
  - The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.
  Appeal rights must also be outlined in any notification of dismissal of a Complaint, as outlined below.
10. Appeal of Dismissals and Determinations
  
  The complainant and respondent alike will be provided with at least one level of appeals. Both the complainant and the respondent are eligible to file an appeal to the determination based on (i) a procedural error occurred, (ii) new information exists that would substantially change the outcome of the finding, or (iii) the sanction is disproportionate with the violation.
  
  If a Party appeals, the institution will as soon as practicable notify the other Party in writing of the appeal, however the time for appeal shall be offered equitably to all Parties and shall not be extended for any Party solely because the other Party filed an appeal.
  
  If the dismissal or determination is appealed, Touro will:
  - Notify the Parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
  - Implement appeal procedures equally for the Parties;
  - Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the Complaint;
  - Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
  - Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
  - Notify the Parties of the result of the appeal and the rationale for the result.
  Touro offers the following process for appeals from a dismissal or a determination whether sex discrimination occurred:
  
  The request for an appeal, including the grounds upon which the request is based, should be submitted in writing to the Office of Institutional Compliance within seven (7) business days following the date on the outcome letter. The Appeal should state the remedy sought by the appealing party. Each party may respond in writing to any appeal submitted by the other party. Written responses to the other party’s appeal must be submitted within three (3) business days following delivery of the notice of the written appeal. Written requests for appeal submitted by one party will be shared with the other party.
  
  Appeals will be decided by the Appeals Committee that is appointed by the Title IX Coordinator. who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter.
  
  Appeals will be conducted in an impartial manner by trained University officials without conflict of interest or bias for or against either party. A party with a concern about a conflict of interest or bias should contact the Office of Institutional Compliance. The Appeals Panel can determine whether a change in the decision is warranted. If applicable, both the accuser and accused will have an opportunity to be present or have others present during any disciplinary proceedings. If a change in this decision is necessary, the Appeals Panel will review the appeal and rationale and make a final decision. Both parties will be informed of the outcome reached and sanctions imposed as a result of such proceedings.
  
  Appeals will not be reviewed or considered beyond the Appeals Panel. Appeals decisions will be rendered within twenty (20) business days after the receipt of the formal request for appeal. The appeal decision will be provided in writing to both parties and the appeal decision is final. However, information obtained during the course of the conduct or judicial process will be protected from public release until the appeals process is final, unless otherwise required by law.
  
  Touro has a grade appeal process, which is not circumvented by this policy. This procedure is not a substitute for a grade appeal. A grade appeal may be suspended until a determination has been made by the fact finder.
  
  Touro will provide the victim a written explanation of her/his rights and options with respect to the report when the victim reports to Touro about the misconduct.
  
  When a Complaint is dismissed, Touro will, at a minimum:
  - Offer supportive measures to the Complainant as appropriate.
  - If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
  - Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within Touro’s Education Program or Activity.
  The submission of appeal stays (or pauses) any sanctions for the pendency (or duration while the appeal is being deliberated and decided upon) of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.
11. Retaliation
  
  Touro prohibits retaliation, including peer retaliation, in its Education Program or Activity. Upon receiving a Complaint alleging retaliation or upon receiving information about conduct that reasonably may constitute retaliation under Title IX, Touro will initiate its grievance procedure or, as appropriate, an informal resolution process.
  
  Touro will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.
  
  No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.
  
  No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.
  
  Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment.
  
  Complaints alleging retaliation may be filed with the Office of Institutional Compliance at Compliance@touro.edu.