University Student Handbook

XII. Outreach to the Complainant and Intake Meeting

After the Title IX Coordinator receives a report of sexual or gender-based allegations, the Title IX Coordinator or designee will contact the Complainant, if they are identified in the report, in order to provide the Complainant with information about supportive measures on and off campus, and to discuss their options regarding the University’s process. During this meeting the Title IX Coordinator will also review the rights of the Complainant in regard to their participation in any Sexual Misconduct and Relationship Violence process. The Title IX Coordinator will ask the Complainant to share information regarding the allegation(s) and their preferred manner of resolution.

The preliminary assessment of an incident may include notification to Campus Safety to help facilitate the reporting of sexual assault to the Jamestown Police Department should the Complainant elect to pursue criminal charges.

If it is determined at the time of the preliminary assessment that the reported behavior, if true, would be a violation of this policy, and the Complainant wishes to purse a formal or informal process, then the Title IX Grievance process will begin upon receipt of a signed formal complaint from the Complainant.

If is determined at the time of the preliminary assessment that the reported behavior would not be a violation of this policy, the report may be forwarded for review under the Student Conduct Policy or Human Resources Policy.

Official reports can be made to the Title IX Coordinator by phone, email, mail, or visiting in person. Individuals reporting incidents of prohibited conduct as defined in this policy (reporting party or Complainant) will receive a Rights and Responsibilities Pamphlet that outlines on and off campus resources, supportive measures, confidential resources, reporting processes, etc. Individuals against whom an incident of prohibited conduct as defined in this policy has been reported (Respondent) will receive a Rights and Responsibilities Pamphlet that outlines on and off campus resources, supportive measures, confidential resources, processes explanations, etc. Both the Complainant and the Respondent will receive notice of their rights and resources by the Title IX Coordinator or designee. Those rights include, but are not limited to the following:

  1. The right to have disclosures of sexual harassment, sexual assault, domestic violence, dating violence, sexual exploitation, and stalking treated seriously;
  2. The right to be treated with fairness and respect throughout the process;
  3. The right to be informed of University policies and procedures being applied to the case and have those policies and procedures followed without material deviation whenever possible;
  4. The right to have the University keep your name and other information related to your case as confidential as possible;
  5. The right to be accompanied by an advisor of your choice during any meeting, interview, or conduct hearing in connection with your case;
  6. The right to access appropriate supportive measures;
  7. The right to be notified of the time frame for major stages of the University’s process;
  8. The right to have a reliable, thorough, and impartial investigation, including the right to meet with the investigator to present relevant information, witnesses, and other evidence;
  9. The right to have a determination of the facts of the case be based on a preponderance of the evidence;
  10. The right to be notified in writing of the outcome of any formal University process related to the case;
  11. The right to be protected from retaliation by any member of the University community for your participation in the University’s process;
  12. The right to access an appeal process if/when an outcome has been determined with respect to the case.

If complainant does not wish to pursue Resolution:

All reported cases of sexual misconduct will be referred to the Title IX Coordinator for a preliminary assessment. In cases where the Complainant does not wish to submit a formal complaint, the University has 2 (two) options:

  1. The University may attempt to resolve the complaint in a manner consistent with the Complainant’s request. This may include holding the report for possible action at a later date.
  2. The University may sign the Formal Complaint. Under these circumstances, the University would take into consideration the nature of the assault, the safety of the Complainant and the campus community, as well as previous disciplinary history and previous allegations of sexual assault. Statement on Privacy:

The University will protect the identity of persons who report having been victims of sexual assault, domestic violence, dating violence, and stalking (to the fullest extent of the law). Additionally, the University will take all reasonable steps to investigate and respond to reports consistent with any request for privacy. However, the University’s ability to do so may be limited based on the nature of the request of the Complainant.

If the Complainant requests anonymity or that the University not purse an investigation, the University must balance this request in the context of its responsibility to provide a safe environment for all University community members. In a case where the University cannot respect the wishes of the Complainant, the University will consult with the Complainant and keep them informed of the University’s course of action.

If the report of misconduct discloses an immediate threat to the University campus community where timely notice must be given to protect the health or safety of the community, the University will maintain the privacy of the Complainant’s identity. For additional details on the University’s Campus Safety Alerts, please refer to the Annual Security and Fire Safety Report.

The University will assess any barriers to proceeding, including retaliation, and in cases where informal or formal resolution will take place, the University will inform all parties and witnesses that Title IX prohibits retaliation and the University will take strong responsive action to protect anyone who, in good faith, makes a complaint or participates in an investigation, hearing, or informal resolution process under this policy.

The University has designated the following individual(s) to evaluate requests for privacy once the University is aware of alleged sexual violence:

Becky Knodel, Title IX Coordinator, or a trained designee.