Implementing Title IX Provisions and Policies
The University will take appropriate action (i.e., an
investigation, adjudication and disciplinary and remedial/corrective steps) in
response to a complaint made pursuant to the complaint policies/procedures
listed above. The University will make every effort to handle complaints and investigations
with sensitivity to both the rights of the person who complains and the rights
of the accused.
The University handles complaints discreetly and
attempts to maintain privacy throughout the investigatory process, to the
extent practicable and appropriate under the circumstances. However, in order
to conduct an investigation, it is generally necessary to discuss the
allegations with the accused and other potential witnesses. Additionally, the
University may have legal obligations to disclose information to law
enforcement or in the context of legal proceedings.
Complaints may be made anonymously. While the
University endeavors to investigate all complaints, including anonymous
complaints, the nature of anonymous complaints makes investigation, determination,
and remediation more difficult and, at times, impossible. Further, while the
University attempts to protect the identity of complainants who do not wish to
be identified, this may not always be possible.
In appropriate cases as determined by the University,
conflict resolution for student on student complaints may be possible. This is permitted
only where both the complainant and accused voluntarily agree to participate,
and either party may terminate informal resolution attempts and commence formal
Grievance procedures at any time prior to reaching a mutually acceptable resolution.
Depending on the circumstances, a mediated resolution may not necessarily
involve face‐to‐face discussions between
the complainant and the accused. Certain cases are not appropriate for conflict
resolution, such as complaints of particularly egregious sexual harassment or
cases involving sexual assault or violence. Occasionally, an individual makes a
complaint and later wishes to revoke or discontinue the investigation or
adjudication process. Similarly, it may occur that someone other than the victim
reports an incident, and the victim declines to participate in the
investigation or adjudication process. In other instances, complaints may be
received anonymously and/or the victim may not wish to be personally identified.
The University endeavors to respect the wishes of a victim to either not be
identified and/or not participate in the process. In these situations, the
University attempts to investigate and address complaints in accordance with
the victim's wishes.
If a victim wishes to talk about an incident with the
assurance that the discussion will be confidential and will not result in an
investigation or follow up action, the University offers confidential resources
through the Counseling Center or Chaplain. Contact with the confidential resources
does not result in a complaint being filed with the University or result in
action being taken by the University. Anyone wishing to have an incident
investigated, mediated or adjudicated must make a complaint either orally or in
writing in accordance with the procedures described above.
In determining whether sex discrimination, sexual
harassment or sexual misconduct occurred, the University does not apply the
criminal standard of "beyond a reasonable doubt," nor do formal court
rules of evidence apply. Instead, the University uses a "preponderance of
the evidence" standard, and the University may consider any evidence it
deems relevant. A “preponderance of the evidence" means the evidence which
is of greater weight or is more convincing than opposing evidence such that it
is "more likely than not" that an act occurred.
If the applicable investigatory or adjudicatory
process allows for parties to offer witnesses and evidence, the complainant and
the accused will have an equal opportunity to do so. The complainant
and the accused will be informed in writing of the outcome of the complaint, to
the extent permitted by law. An accused who is a student may appeal the outcome
to an impartial decision maker. The particular method and grounds for appeal
are explained in the student policies listed above. An employee who is deemed
guilty shall have whatever rights are granted by law and University employment
The University endeavors to resolve complaints
promptly. Ordinarily, the investigative stage will take no longer than 60
calendar days from the time the complaint is received. In
exceptional circumstances (including but not limited to especially complex
cases or when the University is not in session), it may be necessary to extend
these timelines. If that occurs, the parties will be informed of the expected
timeline for completion.
prohibits retaliation against any individual who in good faith makes a
complaint of sex discrimination, sexual harassment, or sexual misconduct or
participates as a witness in a proceeding under this or any other University
policy. Retaliation is also unlawful pursuant to Title IX and other laws.