APPENDIX F: PROCESS B (For VAWA or other discrimination cases dismissed from Process A)

APPENDIX F: PROCESS[1] (For VAWA or other discrimination cases dismissed from Process A)

• Process B is applicable when the Title IX Coordinator determines Process A is inapplicable, or offenses subject to Process A have been dismissed.
• If Process A is applicable, Process A must be applied in lieu of Process B.
• Recipients can substitute any alternative process instead of Process B, if desired.
• VAWA Section 304 requirements apply to Process B or any alternative process for reports that fall under VAWA.
• Title IX requirements outside of Section 106.30 (based on the original 1975 regulations, the 2001 Revised Guidance, etc.) may also be applicable to Process B.

[1] This process may be legally insufficient for public institutions in states/jurisdictions that have adopted live hearing/cross-examination and/or formal due process requirements. It would also be insufficient for private institutions in California and the Third Circuit, which should use Process A or some variation thereof.