University Student Handbook

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XV. Dismissal of a Formal Complaint for Title IX Grievance Process

If the conduct alleged in a formal complaint would not constitute sexual harassment as defined by the Department of Education for Title IX even if proved, and/or did not occur in the University’s education program or activity, or did not occur against a person in the United States, or at the time of filing a formal complaint, a Complainant is not participating in or attempting to participate in the education program or activity of the University, then the University must dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX. When the dismissal of a formal complaint under Title IX occurs, the Complainant may still be able to move forward under other University codes of conduct or applicable resolution procedures.

Formal complaints may also be dismissed during the investigation or hearing process for the following reasons:

  1. The Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; and/or
  2. The Respondent is no longer enrolled or employed at the University; and/or
  3. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon a required or permitted dismissal, the University will promptly send written notice of the dismissal and reason(s) of the dismissal to both parties simultaneously.