Title IX Policy
Introduction
Members of the Marian University community have the right to be free from all forms of sexual harassment. All community members are expected to conduct themselves in a manner that maintains an environment free from sexual harassment. As such, Marian University does not discriminate on the basis of sex and is committed to providing an educational environment free from sex discrimination.
As a recipient of federal funding, the university is required to comply with Title IX of the Higher Education Amendments of 1972, 10 U.S.C. § 1681 et seq. (Title IX). Title IX is a federal civil rights law that prohibits discrimination on the basis of sex — including pregnancy discrimination and sexual harassment — in educational programs and activities. Compliance with Title IX is guided by the United States Department of Education and is subject to change based on the presidential administration leading the federal Department of Education.
Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity.
Sexual harassment is defined broadly under this policy. Sexual harassment includes sexual assault, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, sexual exploitation, sexual misconduct with a minor, child molesting, and sex discrimination, as defined below. Sexual harassment is a violation of university policy, state and federal civil rights laws, and may violate state and federal criminal laws.
When an allegation of sexual harassment is brought to an appropriate individual’s attention, and a respondent is found to have violated this policy, the university will issue appropriate sanctions to prevent future misconduct.
The university reserves the right to take whatever measures it deems necessary in response to an allegation of sexual harassment to protect the rights and personal safety of students, employees, and other members of the university community. Such measures include, but are not limited to, modification of living arrangements, interim suspension pending a hearing, and reporting the matter to local police. Not all forms of sexual harassment will be deemed to be equally serious offenses, and the university reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The university will consider the concerns and rights of both the complainant and the respondent.
Definitions
The following terms and definitions apply to this policy. The list is in alphabetical order.
- Complainant. Any person who is reported to have experienced conduct prohibited by this policy, regardless of whether that individual makes a report or participates in the review of that report by the university, and regardless of whether that person is a member of the university community.
- Consent. Permission that is clear, knowing, voluntary, and expressed prior to engaging in and during an act. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.
- Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
- Consent may be withdrawn at any time.
- Previous relationships or prior consent cannot imply consent to future sexual acts; this includes “blanket” consent, defined as permission in advance for any or all actions at a later time or place.
- Consent cannot be given by an individual who one knows to be – or based on the circumstances one should reasonably have known to be – substantially impaired, by alcohol or other drug use, unconsciousness, etc.
- Substantial impairment is a state when an individual cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (for example, to understand the “who, what, when, where, why, or how” of their sexual interaction).
- This also covers individuals whose substantial impairment results from other physical or mental conditions including disability, sleep, involuntary physical restraint, or from the consumption of alcohol or other drugs.
- Being impaired by alcohol or other drugs will never function as a defense for any behavior that violates this policy.
- It is the obligation of the person initiating sexual activity to obtain consent.
- An individual cannot consent who has been coerced, including being compelled by force, threat of force, or deception; who is unaware that the act is being committed; or who is coerced by a supervisory or disciplinary authority.
- Force is defined as violence, compulsion, or constraint; physically exerted by any means upon or against a person.
- Coercion is defined as the application of pressure by the respondent that unreasonably interferes with the complainant's ability to exercise free will. Factors to be considered include, but are not limited to, the intensity and duration of the conduct.
- A person who does not want to consent to sex is not required to resist or verbally object.
- Withdrawal of consent can be manifested through conduct and need not be a verbal withdrawal of consent (i.e. crying, pulling away, pushing away, not actively participating, laying there, uncomfortable or upset facial expression).
- Consent may not be given by an individual who has not reached the legal age of consent under applicable law.
- Decision Maker. The administrator who oversees any hearing or appeal which takes place as part of the formal resolution process.
- Formal Complaint. A complaint filed by the complainant or the university that triggers the university’s full investigation and hearing process under Title IX.
- Investigator. An individual assigned by the Title IX coordinator to investigate the alleged sexual harassment and oversee the investigative hearing.
- Respondent. Any member of the university community who is reported to have engaged in conduct prohibited by this policy.
- Retaliation. Any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual harassment.
- Sexual Harassment. The following acts constitute sexual harassment under this policy:
- A university employee conditioning the provision of an aid, benefit, or university service on an individual’s participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity; or
- Domestic violence, as defined as crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim, or by any other person against an adult or youth victim who is protected from that person’s acts.
- Dating violence, as defined as violence committed by a person
- who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship.
- The type of relationship.
- The frequency of interaction between the persons involved in the relationship.
- Sexual assault, as defined as any nonconsensual sexual act, including when the victim lacks capacity to consent.
- Stalking, as defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to
- fear for their safety or the safety of others; or
- suffer substantial emotional distress.
Scope
This policy applies to alleged sexual harassment in any medium. Sexual harassment may manifest in many evolving forms including, but not limited to physical, verbal, and visual, whether in person or online in any format.
Person Jurisdiction
The university has a compelling obligation to address allegations and suspected instances of sexual harassment when it has actual knowledge that this policy has been violated. The university must inform the respondent of the allegations and may take any further action it deems appropriate, including pursuing an investigation even in cases when the complainant is reluctant to proceed. The complainant will be notified in advance when such action is necessary.
The university’s disciplinary response may be limited if the respondent is a visitor or other third-party or is not subject to the university’s jurisdiction.
Geographic Jurisdiction
This policy applies to alleged sexual harassment that takes place in the university’s educational program or activity, against a person in the United States. This includes locations, events, or circumstances over which the university exercised significant control over both the respondent and the context in which the sexual harassment occurred.
This policy also applies to alleged sexual harassment that occurs off-campus, including virtual spaces, in any building owned or controlled by a student organization that is officially recognized by the university.
In situations not covered above, but where the sexual harassment undermines the security of the university community or the integrity of the educational process or poses a serious threat to self or others, other applicable university procedures for general misconduct may be applied.
Policy Maintenance
This policy is managed by the dean of students and the Title IX coordinator or their designees. The policy and the associated procedures will be reviewed annually and revised as needed by the dean of students and the Title IX coordinator or their designees.
Resources for Pregnant and Parenting Students
Title IX prohibits discrimination on the basis of sex, which includes discrimination based on pregnancy or parenting status, in the university’s educational programs and activities.
Under Title IX, the university is required to provide reasonable accommodations to pregnant and parenting students. If you need adjustments like schedule changes, physical accommodations, or other assistance, start here:
- Student Accommodations Form
After submitting your request, the Title IX coordinator or designee will reach out to discuss your needs and connect you with the right support.
Employee Duty to Report
All university employees, except those exempted by legal privilege of confidentiality or expressly identified as a confidential resource, have an obligation to report incidents of sexual harassment.
See the mandatory reporting policy on the university’s website for additional information.
Reporting Allegations of Sexual Harassment
Any person may report sexual harassment.1
Reports can be made to the Title IX coordinator in the following ways:
- In person: Ruth Rodgers, Clare Hall, Room 125
- Online: Report Form
- Email: rrodgers@marian.edu
- Phone: (317) 955-6318
- Mail: Ruth Rodgers, 3200 Cold Spring Road, Indianapolis, Indiana 46222
In most cases, making a report to the university and to law enforcement are separate actions.
Making a report to the university does not preclude the individual from filing a report of a crime with law enforcement nor does it extend time limits that may apply in criminal processes. Filing a report with law enforcement is not a prerequisite of making a report with the university. However, individuals may request assistance from the Title IX coordinator or designee to notify law enforcement.
The exception to the separation of university and law enforcement reporting is when reports are made to the Marian University Police Department. Because Marian University Police Department employees are university employees, reporting a crime with law enforcement in the Marian University Police Department constitutes making a report to the university.
Reports made to the university are not shared with law enforcement unless there is a significant risk to the safety of the campus community.
Confidentiality and Privacy
The university recognizes the importance of confidentiality and privacy. See the provided resources document in addition to the resources section on page 62 for a list of confidential support, non-confidential support, and medical resources.
Information received in connection with the reporting, investigation, and resolution of allegations will be treated as private and will only involve individuals whom the university determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate university functions, or when the university is required to provide information under the law.
If an incident is disclosed or reported to the university and the individual requests that no investigation be conducted or disciplinary action be taken, the Title IX coordinator or designee will explain that the university prohibits retaliation and explain the steps the university will take to prevent and respond to retaliation if the individual participates in a resolution process. The Title IX coordinator or designee will evaluate the request to determine whether the university can honor the request while still providing a safe and nondiscriminatory environment.
A decision to proceed despite an individual’s request will be made on a case-by-case basis after an individualized review, and the complainant will be notified if such a decision is made. If the university proceeds with an investigation, the complainant is under no obligation to proceed as a part of the investigation.
All individuals involved in the process should observe the same standard of discretion and respect for everyone involved in the process.
Supportive Measures
Supportive measures will be made available to both the complainant and respondent whether or not a formal complaint is filed to ensure equal access to the university’s education and employment programs and activities.
The Title IX coordinator or designee will conduct an individualized assessment and will review requests from the complainant and respondent to determine supportive measures that are appropriate and reasonably available at no cost to the complainant or respondent. Supportive measures may include, but are not limited to:
- No contact directives;
- Referral to campus and community resources for victim advocacy, counseling, health services, legal assistance, immigration assistance, disability services;
- Academic support including extensions of time and other course-related adjustments;
- Modification of work or class schedules;
- Change in work or housing locations;
- Change in reporting relationship;
- Consideration of leave requests; and
- Assistance with academic petitions.
During the period of any investigation a respondent who is a university employee can be placed on administrative leave. If the respondent is a student, they may be removed from educational activities following an individualized safety and risk analysis determining that the respondent poses an imminent threat to the physical health or safety of anyone due to the allegations made. If a student is removed from educational activities in this way, they have the right to challenge the determination of the safety and risk analysis.
The Title IX coordinator or designee will coordinate the provision of interim supportive measures. Parties will not be required to arrange such measures by themselves but may need to participate in communication with supervisors, faculty, and other university employees with a need to know.
The university will maintain as confidential any supportive measures provided to the complainant or respondent to the extent that maintaining such confidentiality would not impair the ability of the university to provide the supportive measures.
Students impacted by sexual harassment are encouraged to use counseling and consultation services, listed in the resources section on page 62. Employees impacted by sexual harassment are encouraged to utilize the Employee Assistance Program (EAP). Contact Human Resources for more information about EAP. Additional resources are included here.
Retaliation
Retaliation is prohibited by university policy and law. The university will not tolerate retaliation in any form against any individual who makes an allegation, files a report, serves as a witness, assists a complainant, or participates in an investigation of discrimination or harassment.
Retaliation is a serious violation that can subject the offender to discipline, up to and including termination of employment and/or suspension or dismissal of a student, independent of the merits of the underlying allegation.
Allegations of retaliation should be reported to the Title IX coordinator.
Investigation and Resolution Options
Initial Assessment
The Title IX coordinator or designee reviews all reports of sexual harassment under this policy for an initial assessment of the reported information. The available resolution options will be guided by the availability of information or evidence suggesting that a policy violation may have occurred; the university’s obligation to investigate and provide appropriate remedies to eliminate, prevent, and address the effects of the prohibited conduct; and the desire of the complainant to participate in an investigation or resolution process.
Upon completion of an initial assessment, the Title IX coordinator or designee will determine the available options for resolution and will communicate the options to the parties.
Informal Resolution
Informal resolution may be utilized in some circumstances if the university deems appropriate and both parties agree to it.
Investigative Resolution
The Title IX coordinator or designee may resolve a report of sexual harassment through investigative resolution when the alleged sexual harassment, if true, would be prohibited under applicable university policy. In instances when informal resolution is inappropriate, when the party requests, or when the university requires formal investigation, the university will consider the concerns and rights of all parties and provide a prompt, fair, impartial, and equitable process.
Remedies
When the university makes a finding of a policy violation, it will take steps, whether individual or systemic, to stop the alleged sexual harassment, prevent its recurrence, and remedy the discriminatory effects on the complainant and others, as appropriate.
Corrective Actions and Sanctions
When the respondent is a student, potential sanctions include formal reprimand, disciplinary probation, suspension, dismissal, and other appropriate educational sanctions.
When the respondent is an employee, corrective actions may be taken pursuant to the Employee Handbook. Disciplinary corrective actions include coaching, development plans, reduction in supervisory duties and leadership responsibilities, changes in salary, termination, and other appropriate corrective actions.
Student employees may be subject to corrective action and sanctions under student and/or employee policies depending on the nature of the case. For instance, a student employee who is dismissed from the university may also be subject to termination or other corrective actions.
Any corrective actions or sanctions will not take effect until any appeals have been completed.
Other Remedial Measures
When the university is unable to proceed with investigative resolution, due to reasons such as the lack of information in the report or a request by the complainant that an investigation not move forward, the university may take other remedial measures as appropriate to remedy the effects of the alleged sexual harassment and/or prevent its recurrence. Remedial measures may also be implemented when it is determined that inappropriate behavior occurred, but that the behavior did not rise to the level of a policy violation.
Remedial measures may include and are not limited to:
- Providing training on sexual harassment;
- Increasing security in a designated space;
- Changing policy or procedure; and
- Conducting campus climate surveys or climate checks within a specified group.
False Allegations
It is a violation of this policy for anyone to make a false allegation of sexual harassment in bad faith. Corrective actions or sanctions may be imposed on individuals who, in bad faith, make false allegations of sexual harassment.
The absence of a policy violation finding is not equivalent to finding that the complainant acted in bad faith.
Process Abuse
No member of the university community may:
- Obstruct, prohibit, exert improper influence over, or interfere with any individual making a report, participating in a process, or carrying out a responsibility covered by this policy;
- Make, in bad faith, materially false statements in or related to a process covered by this policy;
- Disrupt or interfere with the orderly conduct of any proceeding conducted under this policy; or
- Fail to comply with any directive, sanction, or corrective action issued pursuant to this policy.
Training
As required by federal law, all employees are required to take sexual harassment and Title IX training as directed by the university.
Procedure
Initial Assessment
Upon receiving a report, the Title IX coordinator or designee will provide information to the complainant on the availability of supportive measures, the right to file a formal complaint, and how to file a formal complaint.
The Title IX coordinator or designee reviews all reports of sexual harassment under this policy for an initial assessment of the reported information. Available resolution options will be guided by the availability of information and evidence suggesting that a policy violation may have occurred; the university’s obligation to investigate and provide appropriate remedies to eliminate, prevent, and address the effects of the prohibited conduct; and the availability or desire of the complainant to participate in an investigation or other resolution.
Upon completion of an initial assessment, the Title IX coordinator or designee will determine the available options for resolution and will communicate these options to the parties.
If the complainant or the university elects to file a formal complaint, the Title IX coordinator will provide written notice to the respondent within ten days including:
- The actual allegations of facts that constitute sexual harassment and any evidence;
- That there is a presumption of innocence in their favor;
- That all parties are entitled to an advisor of their choice;
- That all parties can inspect and review evidence; and,
- Code of conduct provisions that prohibit false statements made in bad faith.
Emergency Removal
The university may determine to remove a respondent from the university on an emergency basis. The university will only do this after undertaking an individualized safety and risk analysis which results in a determination that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal of the respondent.
If the university determines that emergency removal is appropriate, the respondent will receive notice of the removal, outlining the reasons for removal.
The respondent can challenge the decision immediately following the removal.
Dismissal of a Complaint
If before or during an investigation the university determines that the allegations fail to meet the definition of sexual harassment or did not occur while in the United States and under the university’s educational program or activity, the investigation and formal complaint will be dismissed. Formal complaints may still be resolved through an informal resolution process as outlined above or according to procedures set forth in the code.
The university reserves the right to dismiss the formal complaint and stop the investigation if:
- The complainant notifies the Title IX coordinator in writing that they wish to withdraw their formal complaint;
- The respondent is no longer enrolled in or employed by the university; or
- Specific circumstances prevent the university from gathering sufficient evidence to reach a determination about allegations (e.g. lack of participation in the investigative process by parties or witnesses).
If the university dismisses the formal complaint for any reason, either party may appeal the decision as outlined in this policy’s appeals process.
Informal Resolution
Informal resolution may be utilized in some circumstances if a formal complaint is filed.
The usage of an informal resolution process is limited in a number of ways:
- Informal resolution is unavailable if the respondent is an employee of the university.
- Informal resolution may only be used if any and all parties to an investigation agree to it.
In all cases, the university will inform the parties of the right to end the informal resolution process at any time. If a party chooses to end the informal resolution process, the university will inform the complainant of options, including the option to begin the investigative resolution process.
The university will provide a facilitator, mediator, or decision-maker that is free from conflicts of interest and has received special training to facilitate resolution of the formal complaint.
Informal resolution can take any form that the parties agree upon. The Title IX coordinator or designee will work with the parties to develop a form of resolution that adequately resolves the needs of the parties. This may include:
- Facilitated Dialogue: A structured and facilitated conversation between two or more individuals, including, but not limited to the complainant and the respondent, which allows for voices to be heard and perspectives to be shared. Depending on stated interests, participants may work towards the development of a shared agreement.
- Shuttle Mediation: An indirect version of the facilitated dialogue with the complainant and the respondent in separate physical spaces with a mediator that moves between the two parties.
- Circle of Accountability: A facilitated interaction between the respondent and university faculty and/or staff designed to provide accountability, structured support, and the creation of an educational plan. The complainant may also be present if desired.
Depending on the form chosen, it may be possible for a complainant to maintain anonymity throughout the informal resolution process.
As part of the resolution process, additional measures may be agreed upon. Additional measures include, but are not limited to educational programming, training, regular meetings with an appropriate university individual or resource, extensions of no contact orders, or counseling sessions.
Formal Resolution and Hearings
The Title IX coordinator or designee may resolve a report of sexual harassment through its formal resolution process when the alleged sexual harassment, if true, would be prohibited under applicable university policy. In instances when informal resolution is inappropriate, when any party requests, or when the university requires formal investigation, the university will consider the concerns and rights of all parties and provide a prompt, fair, impartial, and equitable process.
Investigation
Following the filing of a formal complaint, an investigator will be assigned to the case by the Title IX coordinator. During the investigation, the investigator will seek to meet separately with the complainant, respondent, and any relevant witnesses who may have information relevant to the incident. The investigator may also gather or request other relevant information or evidence when available and appropriate. Both the complainant and respondent will be asked to identify witnesses and provide other relevant information in a timely manner to facilitate prompt resolution of the case.
Although both the complainant and respondent are advised to participate in the investigation process to enable a fair and equitable resolution to any case, neither the complainant nor the respondent are required to participate in the investigation process.
Formal complaints of sexual harassment may be consolidated where the allegations arise out of the same facts or circumstances.
During the investigation process, the complainant and respondent have an equitable right to:
- Receive notice of the allegations before participating in an interview with sufficient time to prepare for meaningful participation;
- A process with reasonably prompt timeframes, with extensions for good cause, as described in the procedure section below;
- Present relevant information to the investigator, including evidence and witnesses;
- Receive timely and equal access to any relevant information, documentation, and evidence gathered during the investigation;
- Have an advisor of their choosing, or through appointment by the university, including an attorney, advocate, or other support person who is not a potential witness in the investigation or could otherwise compromise the investigation, who provides support throughout the formal resolution process, including being present for any meetings or hearings; and
- Investigators who are adequately trained to resolve cases of alleged sexual harassment, are familiar with applicable policies and procedures, and who do not have a conflict of interest or bias for or against either party.
The university must provide written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings to all parties whose participation is invited or expected with sufficient time for the party to prepare to participate.
The university will not restrict the ability of a complainant or respondent to discuss the allegations under investigation or to gather and present relevant evidence.
Credibility determinations during an investigation may not be based on a person’s status as a complainant, respondent, or witness.
Following the completion of the investigation, the investigator will complete an investigative report on the allegations contained in the formal complaint. Before the report is finalized, the investigator will send to each party and their advisors an electronic or hard copy of all evidence that is directly related to the allegations. The university must include all evidence directly related to the allegations, even if the investigator does not intend to rely on that evidence in determining responsibility. The parties then have at least ten days to provide a written response, which the investigator will consider before finalizing the investigative report. The finalized report is then circulated for no less than ten days before a hearing is held.
Hearings
All hearings are overseen by a single decision maker or multiple decision makers (decision maker). The decision maker receives special training on how to be impartial and is assigned to cases by the Title IX coordinator to avoid any bias and present an objective analysis of the evidence. In no case is the investigator for a given case also the decision maker. Additionally, the Title IX coordinator is not the decision maker for any case.
The respondent is presumed not responsible for the alleged policy violations until a determination regarding responsibility is made at the end of the investigation and hearings.
The decision maker will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived it.
Credibility determinations during a hearing may not be based on a person’s status as a complainant, respondent, or witness.
Hearings are not legal proceedings and do not follow courtroom procedure or the formal rules of evidence. During any hearings, each party must have an advisor present to ask questions to the other party. This advisor does not need to be licensed to practice law and may be a person of the party’s choice. If an advisor is a licensed attorney, they may only serve as an advisor for purposes of a hearing and may not provide legal representation at the hearing, which is not a formal legal proceeding.
If a party does not have an advisor, the university will provide an advisor for them. Parties need to disclose the name, profession, and their relationship to the advisor at least two weeks prior to any hearing.
Questioning, Cross-Examinations, and Evidence
The decision maker may question individual parties and witnesses.
Parties will have the opportunity to cross-examine, defined as asking questions of, the other party or witnesses. Parties may never ask questions directly, and questions must be asked to the other party through the party’s advisor. All questions asked must be relevant, as determined by the decision maker. Any questions determined not to be relevant by the decision maker will not be asked.
The decision maker may not draw an inference about the determination regarding responsibility based solely on the absence of a party or witness from the hearing or refusal to answer cross-examination or other questions.
If, at any point during the hearing, the decision maker determines that unresolved issues exist that could be clarified through additional investigation, the decision maker may suspend the hearing and reconvene it in a timely manner that accommodates further investigation.
Hearings may be conducted virtually using technology at the university’s discretion. However, if either the complainant or respondent asks to be in separate rooms, the university must grant this request and provide appropriate technology to allow for simultaneous participation.
All hearings will be memorialized through a live audio or audiovisual record or transcript. The recording or transcript will be made available for parties to inspect and review following their completion.
The past sexual history or sexual character of a party will not be admissible by the other parties in hearings unless such information is determined to be highly relevant by the panel chair. All such information sought to be admitted by a party or the university will be presumed irrelevant until a showing of relevance is made, in advance of the hearing, to the chair. The following may be considered, if relevance is demonstrated:
- Pattern, repeat, or predatory behavior by the respondent;
- Evidence regarding the complainant’s prior sexual history, if:
- The respondent contends that someone other than the respondent committed the alleged misconduct, or
- Where the questions or evidence concern incidents between the complainant and the respondent and are offered to prove consent.
If possible, the parties will be notified in advance if any such information is deemed relevant and will be admitted in the hearing.
Resolution
The decision maker will communicate their decision to both parties concurrently. The decision maker will communicate the decision in writing and orally as soon as possible after the hearing. In all cases, the decision maker will send the parties an outcome letter within ten days of the conclusion of the hearing.
The decision maker bases all conclusions by examining all evidence from the investigation and the hearing. The decision maker’s conclusion is based on the preponderance of the evidence standard. If the evidence indicates that it is more likely than not that the respondent committed the alleged behavior and that the behavior would violate university policy, then respondent will be found responsible for violating the policy.
The decision maker’s written decision must include the following information:
- Identification of the allegations potentially constituting sexual harassment;
- A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- Findings of fact supporting the determination;
- Conclusions regarding the application of the code to the facts;
- A statement of and rationale for the result as to each allegation, including a determination regarding responsibility, any disciplinary sanction imposed upon the respondent, and whether remedies designed to restore or preserve equal access to the university’s education program or activity will be provided; and
- The procedures and permissible bases for either party to appeal.
If the respondent is found responsible for violating this policy, the decision maker will consult any appropriate individuals to determine the corrective actions and/or sanctions to resolve the case. Any such corrective actions and/or sanctions will be outlined in the decision maker’s written decision.
Appeals Process
If either party disagrees with the outcome of the decision maker’s determination, they may file a written appeal with the Title IX coordinator within ten days of receiving the decision maker’s written decision.
Appeals may be filed due to:
- A procedural irregularity that affected the outcome;
- New evidence being discovered that was not reasonably available at the time of the determination or dismissal and could affect the outcome; or
- A conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent specifically that affected the outcome of the matter for the Title IX coordinator, investigator, or decision maker.
The appellate decision maker will examine all evidence to determine if the appeal has merit. The appellate decision maker will make an unbiased objective conclusion as to the appeal’s merit and issue a written decision describing the result of the appeal and the rationale for the result and will provide the written decision simultaneously to both parties.
Recordkeeping
The university shall maintain all records relating to formal complaints of sexual harassment and all training materials used under this policy for seven years.
