The Formal Grievance Process
- A Formal Complaint is submitted
- A Formal Complaint is a Document filed and signed by a party or signed by the Title IX Coordinator requesting and investigation into alleged violations of the Title IX Sexual Harassment Policy or Harassment and Discrimination Policy. A formal complaint may also request an informal resolution process which may involve a mediation and negotiated resolution at the consent of both parties.
- Notice of Investigation is issued with a copy of the Formal Complaint
- When an investigation begins all parties receive written notice of the allegations, their rights, identities of the parties, information about supportive measures available, etc.
- Evidence Gathering
- The investigator will interview all parties and relevant witnesses and gather documentary evidence. Parties and the witnesses have the opportunity to review a transcript of their interview.
- Report Review and Response
- All parties have an opportunity to review the statements and evidence that has been gathered and provide a written response or request additional fact-gathering
- Hearing
- Hearings are held in person or via zoom. The parties and the Hearing Officer have the opportunity to call witnesses and ask questions of the other party and witnesses via cross examination by the Hearing Officer or parties’ advisors.
- Determination
- After the Hearing, the hearing officer will prepare a written determination, which will include findings of fact, determinations as to whether the SIM Policy was violated, and a rationale for those determinations.
- Sanction
- If someone is found responsible for policy violations, the Hearing officer(s), in consultation with the appropriate University Administrators, will determine the appropriate sanction(s). Parties have the opportunity to submit impact statements for the Hearing officer(s) to consider in assigning an appropriate sanctions.
- Appeal
- Parties have an opportunity to appeal the hearing outcome due to the following:
- Procedural irregularity that affected the outcome of the matter
- New evidence that was not available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
- The Title IX Coordinator, investigator(s), or hearing officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
- Requests for appeals that do not meet the grounds in this policy will be denied.
- Parties have an opportunity to appeal the hearing outcome due to the following:
Information in this section is meant to explain an overview of the Formal Grievance Process and should not be construed as having the weight or effect of policy. For the full and accurate policy language please visit pages 13 thru 29 of the .
Informal Resolution Process For Formal Complaints Overview
Once a Formal Complaint is filed, at the request of one or both parties the University may offer a voluntary informal resolution process. Both parties to the complaint must confirm in writing that they consent to informal resolution. Any party or facilitator of the informal resolution process may decide at any time that they no longer want to participate in the informal resolution process and may resume the formal grievance process.
Informal resolution can take many forms, and include but are not limited to Mediation and Negotiated agreement. In Mediation, the parties will discuss the terms of resolution and if agreed upon, it will be submitted to the Title IX Coordinator for final approval and closure of case.
There is no appeal option for informal resolution, as the parties voluntarily come to an agreement for resolution, as opposed to one being imposed after a finding of responsibility from the University.
The University will not offer or facilitate an informal resolution process to resolve allegations that a University employee sexually harassed a student.
Information in this section is meant to explain an overview of the Informal Resolution Process and should not be construed as having the weight or effect of policy. For the full and accurate policy language please visit page 18 of the .
Rights Overview
In General, all rights in the Formal Grievance Process are available to both/all parties to a Formal Complaint. All rights are listed in the Title IX Sexual Misconduct, Harassment and Non- Discrimination Policies, and Student Code of Conduct. Below is a list of rights, including but not limited to:
- All parties have a right to an Advisor of their choice present with them present at all meetings, interviews, and hearings within the resolution process.
- All parties have a right to reasonable and appropriate interim and support accommodations which may include no contact directives, Changes to work, learning or living accommodations, connection to emotional support and other accommodations deemed appropriate by the Title IX Coordinator.
- A fair, neutral and unbiased process.
- Respondents have a right to a Notice of the Allegations that include the specific details related to allegations, date, location, names, alleged policy violation, rights, and an indication that there is a presumption of innocence in our process. A copy of the Notice of Allegations will also be provided to the Complainants.
- A right to be free from retaliation for participating in the process.
- An opportunity to be heard and respond to allegations of misconduct.
- A right to a fair hearing process and opportunity to appeal for the specified grounds for appeal.
- This is a confidential process. Generally, only those that individuals in the Title IX Office or employed to facilitate the Formal Grievance Process, Coordinate Accommodations, Assess Safety will be informed of party involvement in the case.
- All other rights listed in the Policy
Information in this section is meant to explain an overview of the Rights of parties in the process and should not be construed as having the weight or effect of policy. For the full and accurate policy language please visit the and the .
Sanctions after Finding of Responsibility
For the Formal Grievance Process, the following are the usual sanctions that may be imposed on students, singly or In combination:
- Conduct Probation: A status for a specified period in which a student’s conduct is under review. Violations of University expectations and policies while on Conduct Probation may result in suspension or expulsion.
- Housing Probation: A status for a specified period in which a student’s on-campus housing status is under review. Violations of University expectations and policies while on Housing Probation may result in residential restrictions or removal.
- Policy Review: Written notification of policy reminders
- Warning: Written notice to a student that their behavior is incongruent with University standards of conduct. Future misconduct may result in an elevated University response.
- Ban: Excluding a student from University premises or specific University facilities, events, or ceremonies.
- Educational Program or Workshop: Assignment to an educational program or participation in a workshop.
- Civic Service: Community service.
- Educational Project: Research project, reflection prompt, reading, or other assigned learning experience.
- Meetings: Scheduled meetings or other conversations
- Expulsion: Permanent separation of a student from the University
- Revocation of Admission and/or Degree: Revocation of admission to or a degree awarded from the University.
- Suspension: Separation of a student from the University for a specified period, with associated conditions for readmission.
- Withholding Degree: Withholding a degree pending completion of student conduct proceedings, including the completion of all sanctions imposed, if any. The University reserves the right to withhold a degree permanently