The Title IX Process

1. Formal Complaint

2. Meet the Title IX Coordinator

3. Supportive Measures

4. Notice to Respondent of Complaint

5. Investigation

6. Hearing/Finding Issued

7. Appeal

8. Other Information

Scope

1. These procedures are applicable to formal complaints where a student is alleged to have violated Title IX ("Prohibited Conduct"). Prohibited Conduct is defined as sex-based behavior in an "education program or activity" within the United States. This includes situations involving:

1. Sexual Harassment” is conduct on the basis of sex that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.
2.  “Quid Pro Quo Sexual Harassment” is an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual contact.
3.  “Hostile Environment Sexual Harassment” is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s Education Programs or Activities.
4. “Sexual Assault” includes the sex offenses of Rape, Sodomy, Sexual Assault with an Object, Fondling, Incest, and Statutory Rape.

To be considered a "Formal Complaint," allegations must be submitted to the Title IX Office as described below. "Education program or activity" encompasses locations, events, or circumstances over which the University exercises substantial control over both the respondent and the context of the Prohibited Conduct, including buildings owned or controlled by recognized student organizations.

Filing a Formal Complaint

2. To file a Formal Complaint against a student ("Respondent"), an individual ("Complainant") must submit a written, signed complaint to the Title IX Office, detailing allegations of Prohibited Conduct and requesting an investigation. The Formal Complaint should encompass all alleged Prohibited Conduct by the Respondent against the Complainant. Subsequent complaints may be barred if they could have been asserted in a prior complaint.
3. The Office will inform all parties of the Formal Complaint, conduct a preliminary review to determine if the alleged conduct constitutes Prohibited Conduct, and may seek additional information. If the Formal Complaint does not allege Prohibited Conduct, it will be dismissed, with notification to the parties. The dismissal decision may be appealed.
4. If the Formal Complaint alleges Prohibited Conduct, the Office will issue a Notice of Complaint, providing information about the allegations and the ensuing processes.

Party Advisors

5. Parties may engage Advisors of their choice to accompany them in related meetings or proceedings. Advisors, who may be (but is not required to be) attorneys, are selected by parties to assist during the investigation, pre-hearing conference, and/or hearing, within specified limitations.
6. Parties must notify the Office at least 10 calendar days before the pre-hearing conference if they intend to be accompanied by an Advisor.
7. A party must engage an Advisor to question the other party and witnesses at the hearing. If a party does not have an Advisor, the University will choose and provide without charge an Advisor of its choice to attend the pre-hearing conference, to question the other party and witnesses at the hearing, and to engage in up to eight hours of preparation time to fulfill those obligations.
8. Except for the duties specifically set out herein, Advisors may not speak on behalf of a party during the proceedings, make statements or arguments to the Hearing Panel, or otherwise actively participate in the proceedings. Advisors may not contact the Hearing Panel members. Advisors may not contact other Advisors in the same matter, except as authorized by the Office. Failure to abide by these restrictions and the Rules of Decorum may, at the Hearing Chair’s discretion, result in exclusion from the process.

Support Persons 

9. Parties or witnesses may have a support person of their choice present at meetings or interviews throughout the investigation process. Support persons may not play an active role and may not serve as witnesses or parties in the same incident.
10. Support persons may not contact the Investigator or Hearing Panel while the Formal Complaint is pending. Failure to comply may result in exclusion from the process.

Investigation and Report

11. If a Notice of Complaint is issued, the Office will assign an Investigator to investigate the allegations. The Investigator may interview parties and witnesses.
12. After the preliminary investigation, the Investigator will provide parties an opportunity to review evidence. Parties can submit written statements within 10 calendar days for consideration.
13. The Investigator will prepare an investigation report detailing relevant facts, interview summaries, and provided evidence. It will not include conclusions on whether the evidence establishes Prohibited Conduct.
14. The Investigator will provide the investigation report, upon completion, to the Office. The Office will conduct an administrative review of the investigation report to address compliance with this process and completeness. The Office may request clarifications from the Investigator, follow up, and/or additional investigation. When any such follow-up is complete, at least 10 calendar days prior to the pre-hearing conference the Office will submit the investigation report to the parties and the Hearing Panel.

Hearing Panel

15. The Office will convene a three-member Hearing Panel to conduct a hearing on the Formal Complaint. One of the Hearing Panel members will be the Hearing Chair, who is appointed by the Office and trained to investigate complaints involving allegations of Prohibited Conduct. The Hearing Chair presides over the hearing and serves as a voting member of the Hearing Panel.
16. The Hearing Chair will hold a pre-hearing conference with the parties and their Advisors.
17. The Office will provide the names and titles of each Hearing Panel member to the parties, ensuring freedom from material conflicts of interest or bias.
18. Parties may submit a written response to the investigation report at least seven calendar days before the pre-hearing conference.
19. Parties are encouraged to submit questions for efficiency during the hearing at least two calendar days before the pre-hearing conference.
20. The pre-hearing conference will address witnesses, evidence, and any matters requiring resolution by the Hearing Chair.
21. Following the pre-hearing conference, parties will receive a Pre-Hearing Order listing approved hearing witnesses, documents, and evidence.

Hearing

22. The Office, in consultation with the Hearing Chair, will set the time and location or manner of the hearing, which may be conducted in person or remotely.
23. Only specified individuals may be present during the hearing, including the Hearing Panel, parties, Advisors, support persons, witnesses, and members of the Office.
24. All evidence gathered during the investigation will be made available to parties during the hearing. Parties will have equal opportunities to refer to evidence during the hearing.
25. The Hearing Chair may direct University employees or students to appear as witnesses at the hearing.
26. The procedure during the hearing includes questioning of parties and witnesses by the Hearing Panel and Advisors, with opportunities for follow-up questions.
27. The Hearing Panel may ask questions at any time during the hearing and may recess if additional evidence is required.
28. Only relevant evidence related to the allegations will be allowed, and the Hearing Panel may not draw inferences based solely on a party's or witness's absence or refusal to answer questions.
29. The Hearing Panel will determine whether the evidence shows that the Respondent is more likely than not engaged in Prohibited Conduct. A majority vote is required for a decision.
30. If the Hearing Panel determines no Prohibited Conduct, the Respondent is found not responsible.
31. If Prohibited Conduct is determined, the Hearing Panel will issue a written decision outlining allegations, procedural steps, findings of fact, conclusions, and the result for each allegation.
32. If the Respondent is found responsible, the Office will notify the Vice President for Student Life for sanction determination.
33. Sanctions may include probation, educational training, restitution, activity limitation, removal from housing, suspension, or expulsion.
34. The written decision, including sanctions, is forwarded to the parties. The Hearing Panel and Vice President for Student Life will issue the decision as soon as reasonably practicable.

Appeal

35. Within seven calendar days after dismissal or final decision, parties may appeal to the provost. The scope of review is limited to procedural irregularities, new evidence, conflicts of interest, or inappropriate sanctions.
36. To initiate the appeal process, a written appeal must be submitted to the Office, with a copy provided to the other party.
37. The Provost will review submissions and issue a final, unreviewable decision within a reasonable timeframe.
38. The Provost will issue recommendations and decisions on appeal as soon as reasonably practicable.

General Provisions

39. There is a presumption of innocence for the Respondent during the investigation and hearing.
40. Written submissions must not exceed ten single-spaced pages, excluding evidentiary materials, with an attestation to personal preparation.
41. The University aims to conclude proceedings within 120 calendar days and appeals within 30 calendar days, with potential extensions for valid reasons.
42. Reasonable modifications or departures from the processes may be made by the University for a fair and efficient process.
43. If a Complainant files a criminal report, proceedings may not be delayed, except at the University's discretion.
44. Supportive measures may be implemented at any stage to prevent/respond to Prohibited Conduct allegations.
45. The Office may remove a respondent on an emergency basis based on safety concerns, providing notice and an opportunity to challenge the decision.
46. Generally, a respondent shall not face more than one Formal Complaint for the same act. The Office may consolidate multiple related complaints.
47. No recording is allowed, but the University will create a verbatim record of the pre-hearing conference and the hearing.
48. Documents and records will be retained for 10 years after the final disposition of a complaint.

Retaliation and Protection of Rights

49. Retaliation against those reporting Prohibited Conduct or participating in investigations is not tolerated.
50. The University seeks fair procedures and cautions against knowingly making false or frivolous complaints, treating it as a serious offense.

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