Grievance Procedures for Complaints of Sex or Gender-based Harassment/Discrimination

Andrews University has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, the Title IX Coordinator or other individuals who are participating or attempting to participate in its education program or activity, alleging any action that would be prohibited by Title IX or the Title IX regulations.

The University response begins when any non-confidential employee receives a report or obtains information of alleged conduct that reasonably may constitute sex discrimination in the University's education program or activity. University proceedings will seek to provide a prompt, fair and impartial consultation, investigation and response by officials who receive annual training.

Title IX Process Pool

The formal resolution process utilizes a pool of additional Title IX team members who are trained to carry out a variety of skill sets, including:

• To act as an advisor/support person to one of the parties
• To serve as a decision-maker
• To serve as an appeal decision-maker

Independence and Bias/Conflicts of Interest

The Title IX Coordinator manages the Title IX team members and acts with independence and authority, free from bias and conflicts of interest. The members of the Title IX team (investigators and decision-makers) are vetted and trained to ensure they are not biased for or against any party in a specific complaint or for or against complainants and/or respondents, generally.

To raise any concern involving bias or conflict of interest by the Title IX Coordinator, contact the vice president for Campus & Student Life. Concerns of bias or conflict of interest by a decision-maker or investigator should be raised with the Title IX Coordinator.

Local Law Enforcement

Sex or gender-based harassment/discrimination may also be criminal. In keeping with the goal to stop harassment, prevent its recurrence and remedy its effects, the University encourages the complainant to seriously consider reporting the allegation(s) to local law enforcement. Upon a request from the complainant, the University will assist in connecting a complainant with an appropriate law enforcement agency. In Berrien Springs, the local police department can be reached at 269-471-2813. In an emergency, call 911. The complainant, generally, also has the right to decline to make a formal report to law enforcement and campus authorities.

Supportive Measures

As reasonably available, the University will offer supportive measures to parties impacted by sex or gender-based harassment/discrimination if they deem them appropriate. 

• Supportive measures are individualized non-disciplinary, non-punitive measures offered and coordinated without fee or charge. They are designed to restore or preserve equal access to the University's education program or activity or provide support during the Title IX grievance procedures or during the informal resolution process without unreasonably burdening the other party and while protecting the safety of all parties.
  • The administrator promptly makes appropriate supportive measures available to the parties upon receiving a report/knowledge or a complaint.
• The Title IX Coordinator must offer supportive measures to a respondent, as appropriate, only if grievance procedures have been initiated or an informal resolution process has been offered.
• At the time that supportive measures are offered, if a complaint has not been filed, the University will inform the complainant, in writing, that they may file a complaint with the Title IX Coordinator either at that time or in the future.
• A Title IX official will conduct an individualized assessment and will review requests from both the complainant and respondent to determine appropriate supportive measures whether or not a complaint is filed. Supportive measures may vary depending on what the University deems reasonable.
• Requests are not "guaranteed," but the University will carefully consider any such requests. 
• Supportive measures may include, but are not limited to:
  • Implementing contact limitations, No Contact Orders or other mutual restrictions 
  • Implementing no trespass directives
  • Referral to community-based service providers (such as counseling, healthcare, etc.) (costs apply)
  • Referral of students to campus resources for counseling, Counseling & Testing Center or Academic Live, the University's online telehealth counseling (at no cost to students)
  • Referral of faculty and staff to EAP (Employee Assistance Program) or Academic Live online counseling (at no cost to employees)
  • Referral of students to disability services or to International Student Services for visa and immigration services
  • Academic support and other course-related adjustments
  • Referral to Campus Safety for safety planning
  • Modification of work or class schedules
  • Change in work, committee or housing locations
  • Change related to co-curricular activities
  • Change in supervisory reporting relationship
  • Consideration of leave requests
  • Timely warnings
  • Any other action deemed appropriate by the Title IX Coordinator
• The parties are provided with a timely opportunity to seek modification or reversal of the University's decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Title IX Coordinator. An impartial employee, the vice president for Campus & Student Life, who has the authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the definition of supportive measures in § 106.2 of the federal Title IX Regulations.
• The University will also allow the parties to seek additional modification or termination of supportive measures applicable to them if circumstances change materially.
• The Title IX Coordinator typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies).
• No Contact Order—A party who provides relevant evidence and feels he/she is the target of threats, harassment, intimidation, excessive communications or other similar behaviors that pose a concern to his/her safety or wellbeing may request a No Contact Order (NCO), which will be made mutual. The goal of the mutual NCO is to restrict contact between the parties without requiring either party to forgo educational activities.
  • No Contact Orders are issued and will remain in effect at the discretion of Campus & Student Life (students) and Human Resources (faculty and staff). Once issued, a mutual No Contact Order generally directs each party to refrain from all forms of contact with the other party via any method including, but not limited to, phone calls, text messages, emails, social media, in-person or through a third party. The specific terms may vary case by case. 
  • Individuals requesting a NCO are likewise not permitted to contact the other party. 
  • A NCO will typically remain in effect until the requesting party asks for it to be removed or until the University deems it no longer necessary. 
  • If the University determines that the reported behavior does not warrant the issuance of a NCO, the reporting individual will be referred to other forms of resolution. The University may put a NCO in place even if parties do not request one, if circumstances warrant it.
  • No Contact Orders do not become part of an individual's conduct record. However, failure to abide by a NCO may result in disciplinary action for a violation of the Code of Student Conduct, "Working Policy" or "Employee Handbook" and will become part of an individual's conduct record. 
  • Requests for a NCO or reports of violations should be directed to the associate vice president of Human Resources (faculty/staff) and to the Title IX Coordinator (for students) during regular business hours and to Campus Safety (269-471-3321) on weekends or after hours.

Professional Counseling and Support Resources

A person reporting sex or gender-based harassment/discrimination is encouraged to seek the assistance of trained professional support systems. Students are encouraged to seek professional support from on-campus resources, including campus chaplains and counselors or a community provider listed below. Faculty and staff are encouraged to seek professional support from a community provider listed below. 

On-campus services for students (at no charge) include:

• Andrews University's Counseling & Testing Center (located in Bell Hall, 269-471-3470)
• Chaplains (located in the Center for Faith Engagement, Campus Center, 269-471-3211)

Off-campus online services (at no charge) for students, faculty and staff include Andrews University Telehealth: https://www.andrews.edu/life/health-safety/telehealth/index.html.

Off-campus community services (self-pay) for students, faculty and staff include:

• Samaritan Counseling Center, 1850 Colfax, Benton Harbor, Michigan 49022 (269-926-6199)
• Berrien County Child & Family Services/Safe Shelter (for women and children), PO Box 8820, Benton Harbor, Michigan 49023-8820 (phone: 269-925-1725/269-925-9500, crisis: 888-983-4275/269-925-9500), https://michiganlegalhelp.org/community-services/safe-shelter-domestic-violence
• Michigan Crime Victim Services Commission, 201 S Townsend, PO Box 30195, Lansing, Michigan 48933 (877-251-7373 for victims only or 517-373-7373)
• Rape, Abuse and Incest National Network (1-800-656-4673)
• Cass/St. Joseph County Domestic & Sexual Abuse Services, PO Box 402, Three Rivers, Michigan 49093 (phone: 269-279-5122, crisis: 800-828-2023), dasasmi.org
• S-O-S of the Family Justice Center, 533 North Niles Ave, South Bend, Indiana 46617 (574-234-6900), fjcsjc.org
• The National Domestic Violence Hotline (1-800-799-SAFE)
• Hinman Counseling Services, 640 St Joseph Ave, Berrien Springs, Michigan 49103 (269-471-5968)
• Life Coach Psychology, 300 W Ferry St, Berrien Springs, Michigan 49103 (269-815-5331)

The Counseling & Testing Center and the Division of Campus & Student Life provide educational materials and information as well as prevention and risk reduction programs dealing with sex or gender-based harassment/discrimination. On an annual basis, education is provided to new students and all employees, and ongoing programs are provided periodically to the wider body of students and University employees.

Remedial Measures

When the University is unable to proceed with the administrative or hearing resolution processes, due to reasons such as a lack of information in the report or a request by the complainant that an investigation does not move forward, the University may take other remedial measures as appropriate to remedy the effects of the alleged sex or gender-based harassment/discrimination and/or prevent its recurrence. 

• Remedial measures may also be implemented when it is determined that inappropriate conduct occurred but that the conduct did not rise to the level of a Title IX Policy violation. 
• Remedial measures may include and are not limited to:
  • Providing education or training
  • Increasing security in a designated space
  • Changing policy or procedure, and
  • Conducting University climate checks

Accommodations

• ADA or Disability—The University is committed to providing reasonable accommodations to qualified students and employees to ensure equal access to the resolution processes. If the complainant or the respondent has a qualified disability, they should notify a Title IX official at the beginning of the process regarding any requests for accommodations that may be appropriate to the disability.
  • Students should provide documentation to the Student Success Center at 269-471-3227, and employees should provide documentation to the Office of Human Resources. The request will be reviewed in consultation with the party and the Title IX Coordinator to determine which accommodations are appropriate for equitable participation.
• Pregnancy or Related Conditions—The University does not discriminate in its education program or activity against any student based on the student's current, potential, or past pregnancy or related conditions. Whether a pregnancy is planned or unplanned, the University is prepared to come alongside students navigating their new circumstances. The University supports pregnant and parenting students in providing an uninterrupted completion plan for their degrees at Andrews University. The Title IX office will work collaboratively with the Student Success Center to coordinate reasonable accommodations to prevent discrimination and ensure equal access for pregnancy and related conditions. The University offers campus support resources, including chaplains (Center for Faith Engagement), counselors (Counseling & Testing Center), deans (Residence & Student Life), accommodation requests (Student Success Center) and referrals to off-campus healthcare providers. For more information, please refer to Parent, Family and Pregnancy Framework.

Interim Emergency Removal Provision

• An individual can be removed from the University's education programs or activities (including an interim campus ban), partially or entirely, prior to the determination and outcome of an administrative or hearing resolution process, but only after an individualized safety and risk analysis determines that the individual poses an immediate and serious threat to the physical health or safety of any student, employee or other individual arising from the allegations. 
• This risk analysis is facilitated by the Title IX Coordinator in conjunction with the University Student Intervention Team and Campus Safety, using standard objective violence risk assessment procedures.
• The individual will be given notice as well as an opportunity to challenge the action immediately within two (2) business days of the notification. 
• Employee respondents can be placed on administrative leave during the investigative period.
• A respondent can later request a meeting to show why they are no longer an imminent and serious threat, because conditions related to imminence or seriousness have changed.
• An emergency removal may be affirmed, modified or lifted as a result of a requested review. The Title IX Coordinator will communicate the final decision in writing, typically within three (3) business days of the review meeting.
• These interim actions do not assume the respondent will be found responsible for the alleged sex or gender-based harassment/discrimination.

Retaliation 

• Retaliation (including peer retaliation) is prohibited by University policy and law. Merely, criticizing  another student's decision to participate in Title IX grievance procedures would not alone constitute peer retaliation.
• Retaliation is any adverse action, including intimidation, threats, coercion or discrimination, against any person by the University, a student, employee or a person authorized by the University to provide aid, benefit or service under the University's education program or activity, for the purpose of interfering with any right or privilege secured by law or policy, or because the person has engaged in protected activity, including reporting information, making a complaint, testifying, assisting, participating or refusing to participate in any manner in an investigation or resolution process under the Title IX Policy, including an informal resolution process. 
• Nothing in this definition of retaliation precludes the University from requiring an employee or other person authorized to provide aid, benefit or service to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.
• An allegation of retaliation should be reported to the Title IX Coordinator.
• The exercise of rights protected under the First Amendment does not constitute retaliation. It is also not retaliation for the University to pursue policy violations against those who make materially false statements in bad faith in the course of a resolution under the Title IX Policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.
• If a report of retaliation relates to an active Title IX case that has not yet gone to a resolution, the investigative processes can be combined into the current case's investigative processes. Retaliation may be substantiated even without a finding of responsibility for the alleged sex or gender-based harassment/discrimination.

Advisors in the Resolution Process

• Advisor/Support Person—Both the complainant and the respondent have the right to have a single designated advisor or support person of their choice, or through appointment by the University, to support them and be present with them throughout the either informal or administrative/hearing resolution process (including any appeal process).
  • The advisor/support person chosen by a party may be, but is not required to be, an attorney. If an attorney is retained by a party, the attorney has no additional rights or access over other advisor/support persons, and thus, the typical attorney-client relationship is not recognized. 
  • The University cannot guarantee equal advisory rights, meaning that if one party selects an advisor/support person who is an attorney but the other party does not or cannot afford an attorney, the University is not obligated to provide an attorney.
  • Parties also have the right to choose not to have an advisor/support person in the initial stages of the resolution process. If a party has not selected an advisor/support person by the time of the hearing, the Title IX Coordinator will appoint one.
  • Each party and the party's advisor/support person (if any) will be given written notice of the time, date, location, participants and purpose of all hearings, investigative interviews or other meetings as to which such party's participation is invited or expected, with sufficient time to allow for preparation. 
  • No advisor/support person for either party will be permitted to participate or speak during any hearing, interview or other meeting.  
  • The advisor/support person may ask the other party and witnesses written questions. 
  • In a K–12 proceeding, a student's parent will be allowed to accompany the student to meetings, in addition to the student's advisor/support person.
  • A party may elect to change an advisor/support person during the process. The parties are expected to inform the Title IX office of the identity of their advisor/support persons at least two business days before the date of a specific meeting.
  • Advisors/support persons appointed by the institution cannot be confidential employees, and although they will not be asked to disclose details of their interactions with their advisees to institutional officials or decision-makers, absent an emergency, they are still reminded of their mandated reporter responsibilities.
• Advisor's/Supporter's Role in the Resolution Process—Advisors/support persons should help the parties prepare for each meeting and are expected to advise ethically, with integrity and in good faith. Advisors/support persons may not provide testimony or speak on behalf of their advisee.
  • Any advisor/support person who oversteps their role as defined by the policy or who refuses to comply with the University's established rules of decorum will be warned. If the advisor/support person continues to disrupt or otherwise fails to respect the limits of the role, the University may require the party to use a different advisor/support person.
• Sharing Information with the Advisor/Support Person—Parties may share documentation and evidence related to the allegations directly with their advisor/support person if they wish. Doing so at the beginning may help the parties participate more meaningfully in the resolution process.
  • The parties should note that in accordance with federal regulations, the final investigative summary report will be shared electronically with each party and each party's advisor/support person.
  • Advisors/support persons are expected to maintain the confidentiality of the records the University shares with them.

Resolution Option Overview

Because the University recognizes that sex or gender-based harassment/discrimination includes an attack on an individual's dignity and self-determination rights, as far as possible, the University will attempt to let the complainant select the process—an informal resolution process or an administrative/hearing resolution process—for addressing their allegations. However, the Title IX Coordinator may sign a complaint to initiate an investigation over the wishes of the complainant to protect the campus community.

Intentional failure to comply with the reasonable directives of the Title IX Coordinator in the performance of his/her official duties, including with the terms of a No Contact Order, makes one subject to sanctions ranging from warning through dismissal/termination.

Equitable Treatment—Complainants and respondents are treated equitably. This means that no formal disciplinary sanctions will be imposed against any respondent unless and until the grievance process has been completed and the respondent has been found responsible. Likewise, complainants will be provided notice of the remedies or outcomes after a determination of responsibility has been made against the respondent.

Step 1: Report/Complaint

Upon receipt of a report, a complaint or knowledge of an alleged policy violation, the Title IX Coordinator will initiate a prompt initial evaluation to determine the University's next steps. The Title IX Coordinator will contact the complainant/source of the report to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed. 

Step 2: Initial Evaluation

The Title IX Coordinator conducts an initial evaluation typically within seven (7) business days of receiving a report/complaint/knowledge of alleged misconduct. The initial evaluation typically includes:

• Assessing whether the reported conduct may reasonably constitute a violation of the policy or is within the University's jurisdiction.
  • If the conduct may not reasonably constitute a violation of the policy or is not within the University's jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. It may then be referred to another process or University office, if applicable.
• Offering and coordinating supportive measures for the complainant or respondent, as applicable.
• Notifying the complainant/the person who reported the allegation(s) and the respondent of the resolution processes, including a supportive and remedial response, an informal resolution option, or the administrative or hearing resolution process described below.
• Determining whether the complainant wishes to make a complaint.
  • Helping a complainant to understand options
    • If the complainant indicates they wish to initiate a complaint (in a manner that can reasonably be construed as reflecting an intent to make a complaint), the Title IX Coordinator will help to facilitate the complaint, which will include:
      • Working with the complainant to determine whether the complainant wishes to pursue one of three resolution options:
        • a supportive and remedial response, and/or
        • informal resolution, or
        • the administrative or hearing resolution process described below.
    • If the complainant indicates (either verbally or in writing) that they do not want any action taken, no resolution process will be initiated (unless deemed necessary by the Title IX Coordinator), though the complainant can elect to initiate one later, if desired.

Step 3: The Resolution Process

The Title IX resolution process consists of two available processes: 1) the informal resolution or 2) the administrative/hearing resolution. The process considers the parties' preferences but is ultimately determined at the Title IX Coordinator's discretion.

Informal Resolution Processes

• Informal resolution processes provide both parties with the opportunity to develop a mutually agreed-upon resolution that may include acknowledgments and commitments to remedy the situation. 
• To initiate an informal resolution, a complainant or respondent may make such a request to the Title IX Coordinator at any time prior to a final determination. The Title IX Coordinator may offer the option to the parties, in writing, even if a complaint has not been filed, but the University is aware of the allegation. The University will obtain voluntary, written confirmation that all parties wish to resolve the matter through informal resolution before proceeding and will not pressure the parties to participate in informal resolution. The informal resolution will not involve a full investigation, hearing and determination.
• The individual facilitating an informal resolution must be trained and cannot be the investigator, decision-maker or appeal decision-maker.
• The Title IX Coordinator maintains records of any resolution reached and will notify the parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the resolution process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement, etc.). The results of complaints resolved by informal resolution are final and not appealable.
• It is not necessary to pursue an informal resolution first in order to pursue an administrative or hearing resolution process. Any party participating in informal resolution can withdraw from the informal resolution process at any time and initiate or resume the administrative or hearing resolution process.
• The parties may agree, as a condition of engaging in informal resolution, on what statements made or evidence shared during the informal resolution process will not be considered in the administrative resolution or hearing process, should informal resolution not be successful, unless agreed to by all parties.
• If an investigation is already underway, the Title IX Coordinator has the discretion to determine if an investigation will be paused, if it will be limited or if it will continue during the informal resolution process.
• An informal resolution is not available in cases regarding allegations of the misconduct of a faculty or staff respondent and a K-12 student complainant.
• Before initiation of an informal resolution process, the University will provide the parties with a Notice of Investigation and Allegation (NOIA) 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 the University's administrative or hearing resolution process; 
  • That the parties' agreement to a resolution at the conclusion of the informal resolution process will preclude the parties from initiating or resuming a resolution process arising from the same allegations;
  • The potential terms that may be requested or offered in an informal resolution agreement, including notification that an informal resolution agreement is binding only on the parties; and
  • What information the University will maintain as well as whether and how it could disclose such information for use in its resolution process.
• The University offers four categories of informal resolution:
  • Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. See "Supportive Measures" above.
  • Educational Conversation. When the Title IX Coordinator can resolve the matter informally by having a conversation with the respondent to discuss the complainant's concerns and institutional expectations or can accompany the complainant in their desire to confront the allegations.
  • Accepted Responsibility. When the respondent is willing to accept responsibility for violating policy and is willing to agree to actions that will be enforced similarly to sanctions, and the complainant(s) and the University are agreeable to the resolution terms. If the respondent accepts responsibility for all of the alleged misconduct, any investigative process will be paused and the Title IX Coordinator will determine whether an informal resolution can be used according to the criteria above or if the case will be referred directly to a Decision-Maker Panel. Corrective disciplinary actions are typically recorded in the respondent's educational or personnel record as a conduct violation, while resolutions void of disciplinary action are not included in the respondent's conduct record. The University reserves the right, however, to record such actions in an educational or personnel record depending on the nature and severity of the conduct involved.
  • Alternative Resolution. When the parties agree to resolve the matter through an alternative resolution mechanism (which could include but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.). Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; counseling; No Contact Orders/proximity separations; community service; supported direct conversation or interaction with the respondent(s); a facilitated accountability plan; indirect action by the Title IX Coordinator or other appropriate University officials; and other forms of resolution that can be tailored to the needs of the parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. 

Administrative or Hearing Resolution Process

• The administrative or hearing resolution process is used for all complaints of discrimination on the basis of sex or gender-based harassment/discrimination or when informal resolution is either not elected or is unsuccessful.
• The administrative or hearing resolution process consists of a hand-off of the investigation report and all relevant evidence to the Decision-Maker Panel to make a finding and determine sanctions (if applicable). 
• The University's administrative or hearing resolution process is triggered upon receipt of a complaint. A complaint may be brought by a complainant or signed by the Title IX Coordinator.
  • Complaint Brought by complainant—an oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged harassment/discrimination under Title IX or its regulations. A complaint can be filed through the completion of the online Title IX Complaint Form or through an oral recording (i.e., Zoom) submitted to the Title IX office.
    • The complaint must (1) contain a concise statement of the alleged violation; (2) be made by a person who (a) experienced the alleged conduct and (b) was participating or attempting to participate in the University's education program or activity at the time of the alleged sex or gender-based harassment/discrimination or is participating or attempting to participate in a program or activity of the University; (3) be a document that is physically or digitally signed or otherwise indicates that the complainant is the person filing (i.e., signature or stating of name in oral recording); (4) be made against a respondent (as defined above); (5) may request an investigation; and (6) may include the names of any witnesses with relevant information to the allegations.
    • The complainant may be reluctant to identify the respondent; however, this will limit the University's ability to investigate and respond.
    • The University may consolidate complaints as to allegations of sex or gender-based harassment/discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations arise out of the same facts or circumstances.
  • Complaint Signed by Title IX Coordinator—A written document signed by the Title IX Coordinator, which may occur especially in cases that involve pattern, predation, threats or violence. Complaints initiated by the Title IX Coordinator would be based on the Title IX Coordinator's determination, that the alleged conduct presents an imminent and serious threat to the health or safety of a complainant or other person, or that the alleged conduct prevents the University from ensuring equal access based on sex to its education program or activity, taking into consideration a variety of factors.
• Initial Evaluation—When a complaint is submitted and received, the Title IX Coordinator will review the complaint to evaluate whether any or all of the allegations therein are subject to dismissal under the dismissal procedures contained in this policy (see below). Upon completion of the evaluation, if one or more allegations are dismissed, both parties will be notified in writing of the dismissal and relevant rationale. See "Step 2: Initial Evaluation" above for more information.
• Notice of Investigation and Allegations (NOIA)—If the complaint is not dismissed, the Title IX Coordinator or appropriate deputy will meet separately with the complainant and the respondent to provide a written Notice of Investigation and Allegations (NOIA) and to review the resolution options. For climate/culture investigations that do not have an identifiable respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated. 
• The NOIA typically includes:
  • A meaningful summary of all allegations
  • The identity of the involved parties (if known)
  • The precise misconduct being alleged
  • The date and location of the alleged incident(s) (if known)
  • The specific policies/offenses implicated
  • A description of, link to, or copy of the Title IX Policy
  • A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
  • The name(s) of the investigator(s), along with a process to identify to the Title IX Coordinator in advance of the interview process any conflict of interest that the investigator(s) may have
  • A statement that the University presumes the respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
  • A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence
  • A statement that retaliation is prohibited
  • Information about the confidentiality of the process, including that the parties and their advisor/support person (if applicable) may not share the University's work product obtained through the resolution process
  • A statement that the parties may have an advisor/support person of their choice who may accompany them through all steps of the resolution process
  • A statement informing the parties that the University's policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process
  • Details on how a party may request disability accommodations during the resolution process
  • A link to the University's Violence Against Women Act (VAWA) Brochure
  • An instruction to preserve any evidence that is relevant to the allegations
• Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the parties as indicated in official University records, or emailed to the parties' University-issued email or designated accounts. Once mailed, emailed and/or received in person, the notification will be presumptively delivered.
• If, during the course of an investigation, the University decides to investigate allegations about either party that were not included in the NOIA, the Title IX Coordinator or Deputy will provide notice of the additional allegations to the parties.
• Presumption of Nonresponsibility—The respondent will be presumed to be not responsible for the alleged conduct unless and until a finding of responsibility is made at the conclusion of the resolution process.
• Respondent's Written Response to Complaint—The respondent will be given an opportunity to provide a written response to the allegations in the complaint and to provide the names of any witnesses with relevant information to the allegations.

Dismissal of a Complaint

• The University may dismiss a complaint if, at any time during the investigation or resolution process, one or more of the following grounds are met:
  • The University is unable to identify the respondent after taking reasonable steps to do so
  • The University no longer enrolls or employs the respondent
  • A complainant voluntarily withdraws any or all of the allegations in the complaint, and the Title IX Coordinator declines to initiate a complaint
  • The University determines the conduct alleged in the complaint would not constitute a policy violation, even if proven to be true.
• A complainant who decides to withdraw a complaint may later request to reinstate or refile it.
• Upon any dismissal, the University will promptly send the complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the respondent has been made aware of the allegations, the University will also notify the respondent of the dismissal.
• This dismissal decision is appealable by any party. See "appeal process" below.
  • Allegations that are dismissed under Title IX may still be addressed with supportive measures.
  • When a complaint or a specific Title IX allegation is dismissed, the Title IX Coordinator may, nevertheless, offer other non-Title IX investigation and resolution processes and may refer the case directly to the Student Life Conduct Council to be reviewed for inappropriate conduct or a general violation of the Code of Student Conduct and corrective disciplinary action. In cases where the respondent is a faculty, staff or student employee, the case may be referred to Human Resources to be reviewed for inappropriate conduct and a general violation of the University's "Working Policy" and corrective disciplinary action. Evidence received as part of the Title IX process may be relied upon in the non-Title IX process.
  • The University may also facilitate an informal resolution process agreed upon by both parties where both parties are participants in the University's education program or activities.

Investigation and Hearing ⇒