XIII. Title IX Grievance Process
For the purpose of addressing formal complaints of sexual harassment as defined by the Department of Education that occurred within the University’s educational program or activity within the United States, the following grievance process will be used. Note that this grievance process is applied equally to both parties, and as such, the University will provide remedies to a Complainant where a determination of responsibility for sexual harassment has been made against the Respondent, and the University will follow the grievance process outlined below before any disciplinary sanctions or other actions that are not supportive measures are made against the Respondent. Remedies for the Complainant must be designed to restore or preserve equal access to the University’s education programs or activities. Such post-determination remedies may include the same individualized services described as Supportive Measures, and, should the Respondent be found in violation of this policy, these remedies can be disciplinary or punitive and need not avoid burdening the Respondent.
Both parties will have the opportunity to review all evidence that is collected during the investigation, both inculpatory and exculpatory. An individual’s status as a Respondent will not be considered a negative factor during consideration of the grievance. Respondents are entitled to, and will receive the benefit of, a presumption that they are not responsible for the alleged conduct until the grievance process concludes and a determination regarding responsibility is issued. Similarly, credibility determinations will not be made based on a parties’ status as a Complainant, Respondent, or witness.
The University strives for reasonably prompt time frames for the grievance process, and both parties are notified of the time frames allotted to them throughout the process. Generally speaking, the grievance process may take up to 75 days to complete. Should there be a request from either party for a temporary delay in the grievance process or for limited extension of time frames, written notice will be provided to the Complainant and Respondent for the reason of the delay and the estimated length of the delay. Requests for a delay will be considered for good cause considerations, such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. When deciding whether to grant a delay or extension, the University must balance the interest of promptness, fairness to the parties, and accuracy of adjudications. A request for a delay needs to be sent to the Title IX Coordinator in writing via mail or email stating the reason for the request and the amount of time that is being requested.
When there is a finding of responsibility for the Respondent by the decision-maker(s), the decision-maker(s) will assign appropriate sanctions. Possible sanctions are listed elsewhere in this Policy.
The decision-maker(s) uses the Preponderance of the Evidence Standard when making the determination of whether the Respondent is responsible or not responsible for a violation of the Policy.
At the conclusion of the hearing process, both parties will have the ability to appeal the outcome provided by the decision-maker(s). Appeals are described later in this policy.