Policy for the Prevention of and Response to Sexual Misconduct

To the extent that this Policy overlaps with Gerstner Sloan Kettering Graduate School’s Non- Discrimination, Anti-Harassment, and Anti-Retaliation Policies, this Policy will control in cases involving sexual misconduct as defined herein.

1. Policy Statement

The Policy for the Prevention of and Response to Sexual Misconduct (“Policy”) is for the benefit of students at the Louis V. Gerstner, Jr. Graduate School of Biomedical Sciences (“GSK” or “the School”), Memorial Sloan Kettering Cancer Center (“MSK”). GSK is committed to maintaining an educational environment for students that is free from sexual misconduct. GSK does not discriminate on the basis of sex, gender, parental, family or marital status in its education programs and activities, including in its admissions and employment, and it is required by Title IX of the U.S. Education Amendments of 1972 not to discriminate in such a manner.

GSK strongly encourages every member of our community who is a victim of or has knowledge of sexual misconduct to report that conduct as set forth below. GSK is committed to responding to such reports promptly, with sensitivity for all concerned, and with a fair and equitable process.

2. Controlling Law

A. Title IX. GSK complies with Title IX of the Educational Amendments of 1972 (“Title IX”), which is a federal law that prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has determined that Title IX’s prohibition on sex discrimination includes various forms of sex-based harassment and sexual violence that may interfere with a student’s ability to equally access education programs or activities.

B. Article 129-B. Article 129-B of the New York Education Law (“Article 129-B) is a state law that also provides protections for students who are the victims of sexual misconduct, including the right to report the incident to GSK or law enforcement, to be protected by GSK from retaliation for reporting an incident, and to receive assistance and resources from GSK.

3. Individuals and Conduct Covered

This Policy covers sexual misconduct occurring under GSK’s educational program or activities, including but not limited to sex discrimination and sex-based harassment, including sexual assault, domestic violence, dating violence, and stalking, as defined herein, regardless of whether the accused is a student, employee or third party, or whether the prohibited conduct occurred on or off campus. Incidents or conduct that does not meet the definition of sexual misconduct in this Policy or that occurs entirely outside of the School’s education program or activities may fall under other GSK and MSK policies and will be addressed consistent with those policies.

GSK will address reported sexual misconduct whether the report is made by the alleged victim or a reporting individual. GSK will also ensure that an individual who is the victim of sexual misconduct is afforded the protections outlined in the Students’ Bill of Rights, which appears at the end of this Policy, including the right to make a report to local law enforcement and to be protected from retaliation.

4. Definitions

“Affirmative Consent” is 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 activity. 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, gender, sexual orientation, gender identity, or gender expression. The following principles are provided as guidance for the GSK community regarding the concept of Affirmative Consent:

Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
Consent may be initially given but withdrawn at any time.
Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
When consent is withdrawn or can no longer be given, sexual activity must stop.

“Complaint” means an oral or written request to investigate and make a determination about alleged misconduct under Title IX or its regulations.

“Complainant” is any individual who has reported being or is alleged to be the victim of conduct that could constitute alleged misconduct under this Policy. A complainant may also be referred to as a Reporting Individual.

“Party” means a Complainant or Respondent.

“Respondent” is an individual who has been reported to be the perpetrator of conduct that could constitute alleged misconduct under this Policy.

“Sex Discrimination” is inequitable treatment of an individual on the basis of the individual’s actual or perceived gender identity or sexual orientation, sex stereotypes, sex characteristics, and pregnancy or related conditions.

“Sex-Based Harassment” is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

1. Quid pro quo harassment. An employee, agent, or other person authorized by GSK to provide an aid, benefit, or service under GSK’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 GSK’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:

3. The degree to which the conduct affected the complainant’s ability to access GSK’s education program or activity;

a) The type, frequency, and duration of the conduct;

b) The parties’ ages, roles within GSK’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

c) The location of the conduct and the context in which the conduct occurred; and

d) Other sex-based harassment in GSK’s education program or activity; or

3. Specific offenses.

a) “Sexual Assault” meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

b) “Dating Violence” meaning 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: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship;

c) “Domestic Violence” meaning felony or misdemeanor crimes committed by a person who:

1) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of GSK, or a person similarly situated to a spouse of the victim;
2) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
3) Shares a child in common with the victim; or
4) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or

d) “Stalking” meaning 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.

“Sexual Misconduct” includes sexual discrimination and sex-based harassment, including sexual assault, domestic violence, dating violence and stalking as defined herein.

5. Reporting a Violation of this Policy

A. Title IX Coordinators. GSK has designated and authorized the following individuals as Title IX Coordinators to address concerns or inquiries regarding discrimination on the basis of sex, including sex-based harassment, sexual assault, dating violence, domestic violence, and stalking:

Leslie Ballantyne, Esq.
Vice-President, HR Legal & Regulatory Affairs
633 Third Avenue
Telephone: (646) 227-2742
Email: [email protected]

Lindsay Cornacchia, Esq.
Associate Director of Compliance & Assistant General Counsel
1275 York Avenue
Telephone: (212) 639-2496
Email: [email protected]

Any individual may report a violation of this Policy (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex misconduct) to the Title IX Coordinators at any time, including during non-business hours, by mail, phone, or email.

The Title IX Coordinators oversee implementation of GSK’s Policies and must be informed of all reports and complaints of sexual misconduct, including but not limited to sex discrimination, sex-based harassment, and/or sexual assault, domestic violence, dating violence, and stalking against a student, even if the report or complaint was initially made to another individual or if the investigation will be conducted by another individual or office.

The Title IX Coordinators are responsible for:

Activating GSK’s Title IX grievance procedures;
Notifying the reporting individual, if available and appropriate, and the respondent of the grievance procedures and available supportive measures;
Evaluating confidentiality requests;
Determining the resources required to conduct an investigation, if warranted;
Conducting and/or managing a grievance investigation and appeal, including designating other GSK employees or third parties to assist, as needed and working with law enforcement when necessary;
Determining appropriate interim measures for a complainant, including providing support and counseling resources, and taking steps to protect public safety during the course of an investigation;
Determining appropriate sanctions against an offender and remedies for the complainant;
Monitoring for barriers to reporting information about conduct that reasonably may constitute sexual misconduct and take steps reasonably calculated to address such barriers;
Enforcing sanctions with the assistance of GSK and MSK’s administrative leadership; and
Recommending necessary changes to GSK’s policies or procedures, as needed.

B. Other Options for Reporting. In addition to the Title IX Coordinators, reports can also be made to:

Reporting to Law Enforcement: Members of the GSK community have the option of reporting sexual misconduct to law enforcement. Formal complaints of sexual misconduct can be made to local law enforcement authorities by contacting the NYPD (by calling 911 or reporting the crime to a local police precinct), the District Attorney of New York Sex Crimes Unit at (212) 335-9373, or the New York State Police Sexual Assault Victims Unit.
Reporting to the MSK Compliance Hotline by calling 1-866-568-5421 or by going to mskcc.alertline.com/gcs/welcome. The MSK Compliance Hotline is available 24 hours a day, every day of the year, and is managed by an outside company. Reports can be made anonymously.
Reporting to the School Security Department or Vice-President of Security: The School Security Department can be reached by dialing (212) 639- 7866. Mark Moodie, the Vice-President of Security, can be reached at (212) 639-7863 or [email protected].
Reporting to the MSK Human Resources Department: Melissa Maxwell-Avila, MSK Human Resources Business Partner, can be reached at (646)227-3888 or [email protected].

6. Confidentiality & Privacy

GSK values the privacy of its community members, and individuals should be able to seek the assistance they need without fear that the information they provide will be shared more broadly.

A. Confidentiality. Some resources on campus are confidential and will not share any identifying information with others, except as required by law in emergency circumstances. If an individual complainant wishes to keep their identity anonymous, they can use a confidential resource. Confidential resources can and will maintain the confidentiality of information provided to them by a complainant, accused, or reporting individual. A list of available confidential resources can be found on the GSK website.

B. Privacy. Other resources are not confidential but will protect students’ privacy to the greatest extent possible and share information with others only on a need-to-know basis to comply with the School’s obligations under the law and School policies. This includes the Title IX Coordinators, as well as certain GSK and MSK personnel (including officials with authority) who have a duty to report conduct prohibited under this Policy to the Title IX Coordinator or take action to redress such conduct. These personnel will share a complaint or report only as necessary for the Title IX Coordinators to investigate and/or seek a resolution and, if required, with law enforcement. GSK is prohibited from disclosing personally identifiable information obtained in the course of complying with Title IX, with limited exceptions, such as when GSK has prior written consent or when the information is disclosed to the parent of a minor.

C. Requests for Confidentiality. Where a victim of sexual misconduct wishes to maintain confidentiality, GSK must weigh the request(s) against its obligation to provide a safe, non-discriminatory environment for all members of the community, including the victim, and its legal obligations. The Title IX Coordinators will evaluate requests for confidentiality once the Title IX Coordinators are on notice of alleged sexual misconduct.

7. Complainant’s Rights

A. A complainant has the right to make a complaint, withdraw a complaint at any time, or not report a complaint. A complainant also has the right to file a criminal complaint or to pursue his or her rights under Title VII of the Civil Rights of 1964, before, during, or after (i) reporting a Title IX complaint, or (ii) activating GSK’s internal Title IX investigation or appeal process.

B. Individuals that choose to make a complaint of sexual misconduct, including but not limited to sex discrimination, sex-based harassment, sexual assault, domestic violence, dating violence, and stalking are afforded the right to:

Notify GSK’s Vice President of Security, local law enforcement, and/or state police;
Have emergency access to the Title IX Coordinators who will provide information regarding options to proceed, the importance of preserving evidence, and detailing the criminal justice process and the standards of proof that apply;
Disclose confidentially the incident to institution representatives who may assist in obtaining services;
Disclose confidentially the incident and obtain services from the state or local government;
Disclose the incident to GSK or MSK representatives who can offer privacy or confidentiality, as appropriate;
File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX Coordinators and other appropriate GSK or MSK representatives;
Disclose the incident to MSK’s Human Resources division or the right to request that a confidential or private employee assist in reporting to the appropriate human resources representative; and
Withdraw a complaint or involvement from the GSK or MSK process at any time.

C. Supportive Measures

Complainants who report allegations that fall under this Policy, have the right to receive supportive measures from GSK regardless of whether they desire to file a complaint. Supportive measures are non-disciplinary and non-punitive. They may be made available free of charge and kept confidential except as necessary to facilitate the supportive measure. Supportive measures may include, but are not limited to, the following:

Counseling
Extensions of deadlines or other course/resource-related adjustments
Modifications of work or class schedules
Campus security escort services
Restrictions on contact between the parties (no contact orders)
Changes in work or housing locations
Leaves of absence
Increased security and monitoring of certain areas of the campus

D. Informal Resolution Process

In lieu of resolving a complaint through GSK’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. GSK does not offer informal resolution to resolve a complaint when such a process would conflict with other GSK or MSK policies or Federal, State, or local law. Before the initiation of an informal resolution process, GSK will explain in writing to the parties:

1. The allegations;

2. The requirements of the informal resolution process;

3. That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;

4. That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;

5. 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

6. What information GSK will maintain and whether and how GSK could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.

8. General Requirements Regarding Complaints Brought under Title IX

1. To the extent possible and consistent with a full and fair process, GSK will seek to resolve complaints within approximately 100 calendar days of an initial report, not including the time for any appeal. GSK will seek to resolve appeals within 50 calendar days. Time frames will vary depending on the complexity of the investigation and the severity and extent of the alleged misconduct. Parties will be given periodic status updates.

2. GSK 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.

3. GSK presumes that the respondent is not responsible for the alleged misconduct until a determination is made at the conclusion of its grievance procedures.

4. GSK will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. 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 procedures. The parties cannot engage in retaliation, including against witnesses.

5. GSK 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.

6. The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by GSK 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:

a) 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;

b) 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 GSK obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and

c) 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.

9. Grievance Process for Addressing Complaints of Sex Discrimination

GSK has adopted the following grievance procedures that provide for the prompt and equitable resolution of 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 Coordinators, relative to allegations of sex discrimination under Title IX.

A. Complaints

1. The following individuals have a right to bring a complaint about alleged sex discrimination under Title IX:

a) A student or employee of GSK who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX;

b) A person other than a student or employee of GSK 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 GSK’s education program or activity;

c) A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or

d) GSK’s Title IX Coordinators. The Title IX Coordinators may initiate a complaint only if the conduct presents an imminent and serious threat to someone’s health or safety or prevents GSK from ensuring equal access based on sex to its education program or activity.

B. Notice of Allegations

1. Upon initiation of Title IX grievance procedures in connection with a formal complaint under Title IX, GSK will promptly notify the parties of the following:

a) Title IX grievance procedures;

b) 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);

c) Retaliation is prohibited; and

d) The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.

2. An updated notice will be provided if GSK decides to investigate additional allegations of sex discrimination that are not included in the initial notice.

C. Dismissal of a Complaint

1. A complaint may be dismissed if:

a) The respondent cannot be identified after taking reasonable steps to do so;

b) The respondent is not participating in GSK’s education program or activity and is not employed by GSK;

c) The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the determination is made 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 even if proven; or

d) The determination is made that the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX.

2. Upon dismissal, the complainant will be promptly notified in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then parties will be notified simultaneously in writing. Notification will include that a dismissal may be appealed. Dismissals may be appealed on the following bases:

a) Procedural irregularity that would change the outcome;

b) New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and

c) 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.

3. If the dismissal is appealed, GSK will:

a) Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;

b) Implement appeal procedures equally for the parties;

c) Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;

d) Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and

e) Notify the parties of the result of the appeal and the rationale for the result.

4. When a complaint is dismissed, GSK at a minimum will offer supportive measures to the complainant and respondent as appropriate; and take other prompt and effective steps, as appropriate, to ensure that sex discrimination does not continue or recur within the School’s education program or activity.

D. Investigation

1. GSK will provide for adequate, reliable, and impartial investigation of complaints. The burden is on GSK not on the parties to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

2. Parties will be provided with an equal opportunity to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

3. GSK will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

4. GSK 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:

a) Parties will be provided an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence;

b) Parties will be provided a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and

c) GSK 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.

d) Parties and witnesses will be questioned in a manner adequate to assess credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.

E. Determination

1) Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, GSK will:

a) Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.

b) 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;

c) Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.

d) If there is a determination that sex discrimination occurred, the Title IX Coordinators will, as appropriate:

i) Coordinate the provision and implementation of remedies to a complainant and other people GSK identifies as having had equal access to GSK’s education program or activity limited or denied by sex discrimination;

ii) Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and

iii) Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within GSK’s education program or activity.

e) Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent.

2. Appeals

a) Each party may appeal a determination whether sex discrimination occurred. Such appeal may made on the following bases:

i) Procedural irregularity that would change the outcome;

ii) New evidence that would change the outcome and that was not reasonably available when the determination was made; or

iii) 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.

b) A party must submit their written appeal to GSK within ten calendar days of being notified of the decision, indicating the grounds for the appeal. The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

c) GSK will promptly notify the parties of any appeal and provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome.

d) GSK will ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or final determination of the complaint. Following review, the parties will be promptly notified of the result of the appeal and the rationale for the result.

3. Sanctions and Remedies. Following a determination that sex discrimination has occurred, GSK may impose disciplinary sanctions and/or remedial actions including, but not limited to:

a) Disciplining the respondent, up to and including expulsion and discharge/termination;

b) Providing counseling for complainants, respondents, and other parties as appropriate;

c) Issuing “No Contact” orders;

d) Providing effective escorts to ensure that the complainant can move safely between classes and activities;

e) Ensuring that the complainant and the respondent do not share classes, workspaces, or extracurricular activities;

f) Moving the complainant (if the complainant requests to be moved) or respondent to a different residence hall or housing assignment; and

g) Placing notations on the respondent’s transcript regarding the subject violations

10. Grievance Process for Addressing Complaints of Sex-Based Harassment

A. Complaints

1. The following individuals have a right to bring a complaint about alleged sex-based harassment under Title IX:

a) A student or employee of GSK who is alleged to have been subjected to conduct that could constitute sex-based harassment under Title IX;

b) A person other than a student or employee of GSK who is alleged to have been subjected to conduct that could constitute sex-based harassment under Title IX at a time when that individual was participating or attempting to participate in GSK’s education program or activity;

c) A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or

B. Notice of Allegations

1) Upon initiation of Title IX grievance procedures in connection with a formal complaint of sex-based harassment under Title IX, GSK will promptly notify the parties of the following:

a) Title IX grievance procedures;

b) 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-based harassment, and the date(s) and location(s) of the alleged incident(s);

c) Retaliation is prohibited;

d) The respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures;

e) The parties may have an advisor of their choice who may be, but is not required to be, an attorney; and

f) The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.

2. An updated notice will be provided if GSK decides to investigate additional allegations of sex-based harassment that are not included in the initial notice.

C. Dismissal of a Complaint

1. A complaint may be dismissed if:

a) The respondent cannot be identified after taking reasonable steps to do so;

b) The respondent is not participating in GSK’s education program or activity and is not employed by GSK;

d) The determination is made that the conduct alleged in the complaint, even if proven, would not constitute sex-based harassment under Title IX.

a) Procedural irregularity that would change the outcome;

b) New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and

3) If the dismissal is appealed, GSK will:

a) Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;

b) Implement appeal procedures equally for the parties;

c) Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;

d) Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and

e) Notify the parties of the result of the appeal and the rationale for the result.

4. When a complaint is dismissed, GSK at a minimum will offer supportive measures to the complainant and respondent as appropriate; and take other prompt and effective steps, as appropriate, to ensure that sex-based harassment does not continue or recur within the GSK’s education program or activity.

D. Investigation

2. GSK will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

3. Parties will be provided with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. GSK will not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding; however, GSK may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties.

4. Parties will be provided with the same opportunities, if any, to have people other than the advisor of the parties’ choice present during any meeting or proceeding.

5. Parties will be provided with an equal opportunity to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

6. GSK will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

7. GSK will provide each party, and party’s advisor as applicable, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner:

a) Parties will be provided an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence;

b) Parties will be provided with a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and

c) GSK will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.

8. Questioning of Parties or Witnesses

a) Parties and witnesses will be questioned in a manner adequate to assess credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment.

b) The investigator or decisionmaker will be permitted to ask relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses during individual meetings with a party or witness.

c) Each party will be allowed to propose relevant and not otherwise impermissible questions and follow-up questions that the party wants asked of any party or witness and have those questions asked by the investigator or decisionmaker during one or more individual meetings, including follow-up meetings, with a party or witness.

d) The decisionmaker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The decisionmaker will give a party an opportunity to clarify or revise a question that the decisionmaker determines is unclear or harassing.

e) The decisionmaker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The decisionmaker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

E. Determination

1. Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, GSK will:

a) Use the preponderance of the evidence standard of proof to determine whether sex-based harassment occurred. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex-based harassment occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex-based harassment occurred.

b) Notify the parties in writing of the determination whether sex-based harassment occurred under Title IX including:

i) A description of the alleged sex-based harassment;

ii) Information about the policies and procedures that were used to evaluate the allegations;

iii) The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred;

iv) When the decisionmaker finds that sex-based harassment occurred, any disciplinary sanctions that GSK will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by GSK to the complainant, and, to the extent appropriate, other students identified by GSK to be experiencing the effects of the sex-based harassment; and

v) GSK procedures and permissible bases for the complainant and respondent to appeal.

c) Not impose discipline on a respondent for sex-based harassment prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex-based harassment.

d) If there is a determination that sex-based harassment occurred, the Title IX Coordinators will, as appropriate:

i) Coordinate the provision and implementation of remedies to a complainant and other people GSK identifies as having had equal access to GSK’s education program or activity limited or denied by sex-based harassment;

ii) Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and

iii) Take other appropriate prompt and effective steps to ensure that sex-based harassment does not continue or recur within GSK’s education program or activity.

e) Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent.

f) The determination regarding responsibility becomes final either on the date that GSK provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

2. Appeals

a) Each party may appeal a determination whether sex-based harassment occurred. Such appeal may made on the following bases:

i) Procedural irregularity that would change the outcome;

ii) New evidence that would change the outcome and that was not reasonably available when the determination was made; or

c) GSK will promptly notify the parties of any appeal and provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome.

3. Sanctions and Remedies. Following a determination that sex-based harassment has occurred, GSK may impose disciplinary sanctions and/or remedial actions including, but not limited to:

a) Disciplining the respondent, up to and including expulsion and discharge/termination;

b) Providing counseling for complainants, respondents, and other parties as appropriate;

c) Issuing “No Contact” orders;

d) Providing effective escorts to ensure that the complainant can move safely between classes and activities;

e) Ensuring that the complainant and the respondent do not share classes, workspaces, or extracurricular activities;

f) Moving the complainant (if the complainant requests to be moved) or respondent to a different residence hall or housing assignment; and

g) Placing notations on the respondent’s transcript regarding the subject violations.

11. Prohibition Against Retaliation

GSK prohibits retaliation, including peer retaliation, against any individual who reports sexual misconduct, including but not limited to sex discrimination, sex-based harassment, and/or sexual assault, domestic violence, dating violence, and stalking, or participates in an investigation of such reports. Conduct that may be considered retaliation will be addressed using the same procedures for other forms of sex discrimination.

12. Protections for Individuals Experiencing Pregnancy or Related Conditions

GSK prohibits discrimination based on pregnancy or related conditions, including childbirth, termination of pregnancy, and recovery. GSK and GSK’s Title IX Coordinators will ensure that students who are pregnant or experiencing pregnancy-related conditions retain equal access to the education program or activity, and receive individualized, reasonable modifications as needed to prevent discrimination.

13. Amnesty Policy for Alcohol And/or Drug Use by Reporting Individuals

The health and safety of every student at GSK is of utmost importance. GSK recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that sexual misconduct, including but not limited to sex discrimination, sex-based harassment, and/or sexual assault, domestic violence, dating violence, and stalking occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. GSK strongly encourages students to report sexual misconduct to the Title IX Coordinator, GSK administration, MSK Security and/or any other reporting/compliance channels. A bystander, complainant, or reporting individual who in good faith discloses any incident to MSK officials or law enforcement will not be subject to disciplinary action for violation of GSK’s Substance Abuse Policy occurring at or near the time of the commission of the act.

14. Students’ Bill of Rights Concerning Response to Sexual Misconduct

All students have the right to:

a) Make a report to local law enforcement and/or state police;

b) Have disclosures of sexual misconduct, including domestic violence, dating violence, stalking, and sexual assault treated seriously;

c) Make a decision about whether or not to disclose a crime and/or violation and to participate in GSK/MSK’s investigation, and decision-making process and/or criminal justice process free from pressure by GSK/MSK;

d) Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;

e) Be treated with dignity and receive from GSK/MSK information concerning access to courteous, fair and respectful health care and counseling services;

f) Be free from any suggestion that the complainant is at fault when these crimes and/or violations are committed, or should have acted in a different manner to avoid such crimes and/or violations;

g) Describe the incident to as few GSK representatives as practicable and not be required to unnecessarily repeat a description of the incident;

h) Be protected from retaliation by GSK, any student and/or the accused, and/or their family, friends and acquaintances within the jurisdiction of the institution;

i) Access at least one level of appeal of a determination;

j) Be accompanied by an advisor of choice who may assist and advise a complainant, reporting individual, accused or respondent throughout the investigation process, including during all meetings related to such process; and

k) Exercise civil rights and practice of religion without interference by the grievance process of GSK/ MSK.