X. Resolution Process
Overview of the Resolution Process
Upon receiving a report of a violation of this policy, the Title IX/EEO Coordinator (or designee) will begin a preliminary review (described on page 90). Upon completion of the preliminary review, the Title IX/EEO Coordinator (or designee) will determine whether or not there is reasonable cause to initiate the resolution process outlined here.
Definitions and Important Information
A. Parties
Under this policy, the “complainant” is an individual who is the subject of the alleged misconduct for which a complaint or report is made. The individual who is alleged to have engaged in behavior in violation of this policy is referred to as the "respondent.”
B. Confidentiality
In the handling of inquiries and complaints under this policy, the University will protect confidentiality to the extent consistent with the University’s legal obligations to take all reasonable steps to protect the welfare of the University community. See also Section VI.
C. Advisors
Each party has the right to choose and consult with an advisor of their choice throughout the investigation and resolution process. The advisor may be any person who is not other- wise a party or witness involved in the investigation. The parties may be accompanied by their respective advisors at any interview, meeting, or proceeding related to the investigation and resolution process. While the advisors may provide support and advice to the parties at any meeting and/or proceeding, they may not speak on behalf of the parties or otherwise participate in such interviews, meetings, or proceedings. An advisor shall keep all information acquired during the process confidential. The University reserves the right to dismiss an advisor who fails to follow this policy.
D. Interim Measures
At any time after receiving notice of an allegation of a violation of this policy, the University may provide reasonable and appropriate interim measures to address the immediate effects of discrimination, harassment, sexual misconduct, or retaliation to ensure equal access to its education programs and activities and to protect the alleged victim and the campus com- munity as necessary. The Title IX/EEO Coordinator (or designee) will notify the alleged victim of his/her options for interim measures. Additionally, the Title IX/EEO Coordinator (or designee) has sole discretion to implement or stay an interim measure imposed under this policy and to determine its conditions and duration. The measures that the University implements will vary depending on the facts of each case. Factors that might be considered during this process include, but are not limited to, the following: the specific need expressed by the alleged victim; the age of the students involved; the severity or pervasiveness of the allegations; any continuing effects on the alleged victim; whether the alleged victim and alleged perpetrator share the same residence hall, dining hall, class, transportation, or job location; and whether other judicial measures have been taken to protect the victim (e.g., civil protection orders). The University will keep interim measures as confidential as possible, provided the confidentiality does not impair the University’s ability to provide the accommodations or protective measures.
These interim measures may include, but are not limited to:
• Imposition of a “no contact order," an administrative remedy designed to curtail contact and communications between two or more individuals.
• Interim suspension of a student or employee.
• Referral to counseling and health services.
• Rescheduling of exams and assignments.
• Rescheduling of dining times.
• Change in class schedule, including the ability to transfer course sections or withdraw from a course.
• Change in work schedule or job assignment.
• Change in campus housing as available and extracurricular activities.
• Providing campus escorts and transportation accommodations.
• Denying access to campus housing, facilities, events, and/or activities.
• Any other remedy that can be used to achieve the goals of this policy.
When necessary to protect the safety of the complainant or other University community members, the University may issue a full or partial suspension to the respondent on an interim basis until the matter is resolved. A respondent will have the opportunity to meet with the Title IX/EEO Coordinator (or designee) and be heard prior to an interim suspension being imposed.
All individuals are encouraged to report concerns about the failure of another to abide by any restrictions imposed by an interim measure. The University will take immediate action to enforce a previously implemented measure and disciplinary sanctions can be imposed for failing to abide by a University-imposed measure.
E. Notice to Parties
The Title IX/EEO Coordinator (or designee) will contact the complainant if someone other than the complainant made the report. In cases in which someone other than the complainant made the report, the reporting party may have no further involvement in the process. The Title IX/EEO Coordinator (or designee) will notify the complainant of available resources (such as counseling services, medical and mental health services, victim advocacy services), the right to report/file a criminal complaint with local law enforcement, and the option to seek a protection/restraining order from a court of law.
The Title IX/EEO Coordinator (or designee) will initiate the resolution process by notifying the respondent that a complaint has been filed against him or her and inform the respondent of the nature of the complaint, providing a written copy or a summary of the complaint to the respondent.
The Title IX/EEO Coordinator (or designee) shall explain to both parties the avenues for informal and formal action, including a description of the process and the relevant avenues to the complainant and respondent and provide each of them with a copy of this policy.
F. General Rights of Complainants and Respondents
• The right to be treated with dignity and respect.
• The right to receive information about this policy.
• The right to a prompt and equitable investigation and resolution of allegations of prohibited conduct.
• The right to be notified of available medical, counseling, and pastoral services.
• The right to be informed of options to notify law enforcement authorities and the option to be assisted by the University in notifying such authorities, if the individual so chooses. Filing a report with law enforcement does not prevent the University from proceeding under this policy.
• The right to be informed of the option to seek a protection/restraining order from a court of law.
• The right to have this policy and the procedures set forth herein followed.
• The right to protect confidentiality to the extent possible as allowed by the law and this policy.
• The right to reasonably available interim measures, as described in these procedures.
• The right to freedom from retaliation for making a good faith report of prohibited con- duct or participating in any proceeding under the policy.
• The responsibility to refrain from retaliation directed against any person for making a good faith report of prohibited conduct or participating in any proceeding under the policy.
• The responsibility to provide truthful information in connection with any report investigation, or resolution of prohibited conduct under the policy or these procedures
• The opportunity to articulate concerns or issues about proceedings under the policy and these procedures.
• The right to timely notice of any meeting or proceeding at which the party’s presence is contemplated by these procedures.
• The opportunity to choose an advisor, including the right to have that advisor attend any meeting or proceeding at which the party’s presence is contemplated by these procedures.
• The right to written notice of an investigation, including notice of potential policy violations and the nature of the alleged prohibited conduct.
• The opportunity to challenge the assigned investigator or any member of the Hearing or Appeals Panel for conflict of interest.
• The opportunity to offer information, present evidence, and identify witnesses during an investigation.
• The opportunity to be heard, orally and/or in writing, as to the determination of a policy violation and the imposition of any sanction(s).
• The right to progress of the investigation and anticipated time to resolution.
• The right to review investigative documents, specifically witness interview summaries, papers submitted by either party or a witness, and the investigative report.
• The right to equal access to any information that will be used during Informal and/or Formal Resolution proceedings and related meetings.The right to reasonable time to prepare any response contemplated by these procedures.
• The right to written notice of any extension of time frames for good cause.
• The right to appeal a finding and/or sanction.
• The right to written notice of the outcome of any investigation, informal and formal resolution processes, and/or request for appeal.
G. Completion of Investigation Process
The University aims to bring all allegations to a prompt resolution within 60 calendar days of the original complaint, which can be extended as necessary for good cause by the Title IX/EEO Coordinator (or designee) with written notice to the parties.
H. Standard of Review
Decisions regarding whether or not a respondent violated this policy will be based upon careful consideration of all available information presented and evaluated using a “preponderance of the evidence standard” (i.e., if it is “more likely than not” that the policy was violated).
I. Acceptance of Responsibility
The respondent may, at any time, elect to resolve the complaint by accepting responsibility for the prohibited conduct, in which case the Title IX/EEO Coordinator (or designee) will refer the matter to either: (i) the Vice President of Student Life (or designee) for students;
(ii) the Vice President of Human Resources (or designee) for employees and all other individuals; or (iii) the Chief Academic Officer for faculty to determine the appropriate sanctions. As to respondent faculty members, if the proposed sanction by the Chief Academic Officer includes suspension or dismissal of a tenured faculty member, the matter will be referred to the University’s President, who will decide whether to initiate the process set forth in the Faculty Handbook for imposition of such a sanction.
J. Hearing Panel and Appeals
A Hearing Panel is appointed when necessary according to the process described below. The Title IX/EEO Coordinator (or designee) will appoint a standing pool of trained members from the University faculty and staff and, in the discretion of the Title IX/EEO Coordinator (or designee), external trained professionals with experience adjudicating cases of prohibited conduct under this policy. The Title IX/EEO Coordinator (or designee) will select at least three members from this pool to serve on the Hearing Panel. The Vice President of Student Life (or designee) will serve as the Chairperson of the Hearing Panel involving a complaint against a student. The Vice President of Human Resources (or designee) will serve as the Chairperson of the Hearing Panel involving a complaint against any employee or person who is not a student.
Appeals will be reviewed by the Chief Operating Officer (or designee).
K. Conflict of Interest
A complainant and/or respondent may challenge the participation of an investigator or panelist selected on the Hearing Panel and/or the person designated to review an appeal because of perceived conflict of interest, bias, or prejudice. Such challenges, including rationale, must be made in writing to the Title IX/EEO Coordinator (or designee) within 48 hours after receiving notification as to the identity of the investigator, panelist member, and/or the person designated to review an appeal. The Title IX/EEO Coordinator (or designee) will have the sole discretion to determine whether such a conflict of interest exists and whether an investigator, panel member, and/or the person designated to review an appeal should be replaced. If an involved University employee determines that he or she cannot apply these procedures fairly and impartially because of the identity of a complainant, respondent, or witness, or due to any other conflict of interest, another suitable person will be assigned.
Preliminary Review
Upon receiving a report for a violation of this policy, the Title IX/EEO Coordinator (or designee) will begin a preliminary review. Upon completing the preliminary review, the Title IX/EEO Coordinator (or designee) will determine whether or not there is reasonable cause to initiate a formal investigation (see below) and whether or not there is reasonable cause to move toward adjudication through either the Informal Resolution Process or Formal Resolution Process as described below.
At any point in the investigation, if it is determined that there is no reasonable cause to believe that this policy may have been violated, the Title IX/EEO Coordinator (or designee) has authority to terminate the investigation and end further proceedings under this policy; however, the case could be referred to other University offices where appropriate to address the alleged misconduct in accordance with the respective student, faculty, or employee handbook.
At the discretion of the University, a respondent may not be permitted to withdraw or take a leave of absence from the University after the University receives a report of an alleged violation of this policy. The University reserves the right to proceed with an investigation regardless of a respondent’s request for a withdrawal or for a leave of absence from the University.
Complaints Involving Multiple Parties
When there are multiple complainants making complaints against a single respondent, or a single complainant making complaints against multiple respondents, each complaint will usually be addressed separately under these procedures. If the complaints arise from the same set of facts, the investigator and Title IX/EEO Coordinator (or designee) may merge the complaints into a single complaint for investigation and resolution purposes. Similarly, reciprocal allegations by a respondent against a complainant or additional allegations raised by a complainant after the initial complaint may be combined for investigation and resolution purposes.
Special Procedure for Complaints Against the President or Title IX/EEO Coordinator
If a complaint involves alleged conduct on the part of the University’s President, the University’s Board of Trustees will designate an Investigating Officer. Based on the information gathered by the investigation, the Board of Trustees will prepare and issue the written report determining the complaint. The determination of the Board of Trustees is final and not subject to appeal.
If a complaint involves alleged conduct on the part of the Title IX/EEO Coordinator, the University’s President will designate an Investigating Officer. Based on the information gathered by the investigation, the President will prepare and issue the written report deter- mining the complaint. The determination of the President is final and not subject to appeal.
Informal and Formal Resolution Processes
A. Informal Resolution Process
The University encourages informal resolution when the parties desire to resolve the situation cooperatively. Informal resolution may include inquiries into the facts, but does not rise to the level of a formal investigation. The informal resolution process is designed to resolve complaints quickly, efficiently, and to the mutual satisfaction of all parties involved. Where circumstances allow, the informal process will be initiated as soon as possible after the filing of the complaint or receipt of a report of an alleged violation, absent any unusual circumstances.
With the concurrence of the complainant and the respondent, an investigator assigned by the Title IX/EEO Coordinator (or designee) will seek an outcome through informal resolution with the assistance of an appropriate University official designated by the Title IX/EEO Coordinator (or designee). Any resolution through this informal resolution procedure must be mutually agreed upon by the parties involved. Both the complainant and the respondent have the right to bypass or end the informal resolution process at any time and initiate a formal resolution investigation and hearing. Any failure to comply with the terms of an informal resolution agreement may result in disciplinary action/sanctions and/ or, if warranted, a further allegation of misconduct.
Informal resolution includes, but is not limited to, options such as referral to another campus office or program, mediation, separation of the parties, referral of the parties to counseling programs, conducting educational and/or training programs, or other remedial measures. Situations that are resolved through informal resolution are usually subject to follow up after a period of time. Steps taken by the Title IX/EEO Coordinator (or designee) to help the parties achieve informal resolution will be documented.
Some reports of alleged violations of this policy may not be appropriate for informal resolution and may require a formal investigation at the discretion of the Title IX/EEO Coordinator (or designee). The Office for Civil Rights of the U.S. Department of Education has taken the position that face-to-face mediation is not an appropriate mechanism for resolution in cases of alleged sexual assault or sexual violence. Face-to-face mediation will not be used to resolved cases of alleged sexual assault or sexual violence.
The Title IX/EEO Coordinator (or designee) will review the resolution and may approve it, reject it, or require modification. If the resolution is approved, the investigator will prepare a written memorandum and will present the memorandum to the parties for their review and signature. The investigator will then provide the parties with simultaneous written notice that the complaint has been resolved. Typically, an informal resolution will be completed within 45 days of the receipt of the complaint. If additional time is needed, both parties will be notified
B. Formal Resolution Process
If the allegation of alleged violation of this policy has not been resolved as a result of the informal process or is not suited for informal efforts, or if either the complainant or the respondent requests to invoke the formal resolution process, a formal investigation will be initiated. The formal resolution process will involve an investigation and, depending on the circumstances, a Hearing Panel determination. An investigation by the University and a decision by the Hearing Panel will, in most cases, be rendered within 60 calendar days of the filing of a complaint. This time period can be modified for good cause at the discretion of the University’s Title IX/EEO Coordinator (or designee), if deemed necessary to con- duct a thorough investigation or to protect the rights of all parties. If the investigation and resolution for the alleged violation will not be completed within 60 calendar days from the filing of the complaint, the complainant and the respondent will be notified.
• Formal Investigation
This policy provides for a thorough, prompt, fair, and impartial investigation. The Title IX/ EEO Coordinator (or designee) or a trained investigator appointed by the Title IX/EEO Coordinator (or designee) will conduct the formal investigation. The University reserves the right to utilize outside trained investigators as needed.
During an investigation, the complainant will have the opportunity to describe his or her allegations and present supporting witnesses or other evidence. The respondent will have the opportunity to respond to the allegations and present supporting witnesses or other evidence. The investigator will review evidence presented and will meet with additional witnesses identified by the complainant, the respondent, or third parties, as determined appropriate by the investigator. All parties and witnesses involved in the investigation are expected to cooperate and provide complete and truthful information throughout the investigation process. In some cases, the investigator may interview the parties on more than one occasion. The investigator may visit relevant sites or locations and record observations through written, photographic, or other means. Additionally, the investigator may consult medical, forensic, technological, or other experts when expertise on a topic is needed in order to achieve a fuller understanding of the issues under investigation.
Evidence that is irrelevant or whose prejudicial effect substantially outweighs its probative value may be excluded from consideration by the investigator or the Hearing Panel.
• Investigation Report
Upon completion of the investigation, the investigator will provide both the complainant and the respondent with the opportunity to review the written report and submit the writ- ten report to the Title IX/EEO Coordinator (or designee). The report will detail the allegations made by the complainant; summarize the statements of the complainant, respondent, and witnesses; describe the findings and conclusions of the investigation; and include a recommendation as to whether or not there is sufficient evidence, by a preponderance of the evidence standard, to support a finding that the respondent violated this policy.
(a) Recommended Finding(s) that the Respondent Violated this Policy
When the investigator recommends that there is sufficient evidence, by a preponderance of the evidence standard, to support a finding that the respondent violated this policy, the respondent may accept or contest the recommendation by notifying the Title IX/EEO Coordinator (or designee) in writing within five days from receipt of the written report. The failure of the respondent to timely accept or contest the recommendation within five days shall be deemed as accepting the recommendation.
(i) If the respondent accepts the recommended finding(s) that the respondent violated this policy, the Title IX/EEO Coordinator (or designee) will refer the case to either:
(1) the Vice President of Student Life (or designee) for students; (2) the Vice President of Human Resources (or designee) for employees and all other individuals; or (3) the Chief Academic Officer (or designee) for faculty, solely on the issue of sanctions as out- lined in this policy. As to respondent faculty members, if the proposed sanction by the Chief Academic Officer includes suspension or dismissal of a tenured faculty member, the matter will be referred to the University’s President, who will decide whether to initiate the process set forth in the Faculty Handbook for imposition of such a sanction. The decisions and recommended actions of the relevant Vice Presidents, Chief Academic Officer, and the President, where applicable, will be communicated in writing to the Title IX/EEO Coordinator (or designee) and to the complainant and respondent.
(ii) If the respondent contests the recommended finding(s) that the respondent violated this policy, the respondent must submit to the Title IX/EEO Coordinator (or designee) a written statement explaining why the respondent contests such finding(s). The complainant will have an opportunity to review and respond in writing to any such statement. The Title IX/EEO Coordinator (or designee) will refer the case for a hearing before the Hearing Panel for further proceedings as outlined in this policy.
(b) Recommended Finding(s) that the Respondent Did Not Violate this Policy
When the investigator recommends that there is insufficient evidence, by a preponderance of the evidence standard, to support a finding that the respondent did not violate this policy, the complainant may accept or contest the recommendation by notifying the Title IX/EEO Coordinator (or designee) in writing within five days from receipt of the written report. The failure of the complainant to timely accept or contest the recommendation within five days shall be deemed as accepting the recommendation.
(i) If the complainant accepts the recommended finding(s) that the respondent did not violate this policy, the complainant must submit to the Title IX/EEO Coordinator (or designee) a written statement indicating that the complainant accepts the recommended finding(s). Upon receipt of the same, the case will be closed and documented accordingly.
(ii) If the complainant contests the recommended finding that the respondent did not violate this policy, the complainant must submit to the Title IX/EEO Coordinator (or designee) a written statement explaining why the complainant contests such finding(s). The respondent will have an opportunity to review and respond in writing to any such statement. The Title IX/EEO Coordinator (or designee) will refer the case for a hearing before the Hearing Panel for further proceedings as outlined in this policy.
• Procedure for Hearings that Proceed to a Hearing Panel
When, following an investigation, the complainant or respondent disputes the recommended findings from the investigator, the case will proceed to a Hearing Panel. The University utilizes a Hearing Panel (as described previously) specially trained to handle cases of prohibited misconduct pursuant to this policy. All Panel members receive periodic training on hearing practices.
• Notice: Both the complainant and the respondent will be notified at least 120 hours in advance of the date and time of the hearing and the names of the hearing panelists.
• Attendance/Participation: Should the respondent or complainant fail to attend the scheduled hearing, the hearing will proceed and a decision will be made in his or her absence. A representative may not appear in the place of a respondent or complainant. Additionally, neither party is required to participate in the hearing in order for the hearing to proceed. Hearings are closed to all but the respondent, complainant, witnesses, advisors, and the Hearing Panel. The University reserves the right to permit other individuals to participate as observers.
• Postponement: The hearing may be postponed until a later date for good cause at the sole discretion of the University’s Title IX/EEO Coordinator (or designee). Any requests by the complainant or respondent for a postponement of the hearing must be communicated to the Title IX/EEO Coordinator (or designee) at least 48 hours before the hearing unless there is a compelling emergency.
• Accommodations: Accommodations may be made for complainants and respondents who do not wish to be in the hearing room at the same time. This accommodation may include audio conferencing, videoconferencing, or placing a privacy screen in the hearing room. All requests must be made to the Title IX/EEO Coordinator (or designee) at least 48 hours in advance of the hearing.
• Voluntary Agreement: At any time during the course of this process, the parties may voluntarily agree to resolve any allegations of prohibited behavior in lieu of findings and sanctions under this policy.
• Witnesses: The complainant and respondent may testify on their own behalf and may suggest other relevant material witnesses to provide information. Absent exceptional circumstances, the complainant and respondent must inform the Title IX/EEO Coordinator (or designee) in writing at least 72 hours in advance of the hearing the names of any proposed witnesses and what information they will provide. The Chairperson of the Hearing Panel will consider the parties’ suggestions for additional witnesses and may, in his or her discretion, direct that such witnesses appear at the hearing; the Chairperson may also decline to order the appearance of witnesses whose testimony would be duplicative of in- formation already contained in the investigation file, irrelevant, or otherwise unhelpful to the panel’s work. Additionally, the complainant and respondent must provide to the Title IX/EEO Coordinator (or designee) in writing at least 72 hours in advance of the hearing suggested questions to be asked of the witnesses testifying before the panel. The names of proposed witnesses and suggested questions submitted to the Title IX/EEO Coordinator (or designee) by the complainant or respondent will be shared with the other party in advance of the hearing.
• Duty of Candor: All members of the University community and other individuals, who appear before the Hearing Panel, whether as parties to the proceedings or as witnesses, are expected to provide truthful testimony.
• Hearing Packet: In advance of the hearing, the Title IX/EEO Coordinator (or designee) will prepare a packet with information it deems relevant to the case to be shared with the Hearing Panel. The Title IX/EEO Coordinator (or designee) will provide both the complainant and the respondent with the opportunity to review the hearing packet in advance of the hearing. If a complainant or respondent wishes to share additional relevant written information to a hearing panel in advance of the hearing, it must be submitted to the Title IX/EEO Coordinator (or designee) at least 24 hours before the hearing. The Title IX/EEO Coordinator (or designee) will share the additional information with the complainant/respondent and the Hearing Panel. The packet will include a copy of the investigation report and the written responses from the complainant and the respondent regarding the report.
• Recordings: A respondent, complainant, advisor, and/or witness may not bring electronic devices that capture or facilitate communication (e.g., computer, cell phone, audio/video recorder, etc.) into a hearing room. The Hearing Panel will make an audio recording of the hearing to be kept on file for three years. Reasonable care will be taken to create a quality audio recording and minimize technical problems; however, technical problems that result in no recording or an inaudible one will not be a valid argument for appeal.
• Hearing Format: The Hearing Panel has general authority over the conduct of the hearing (e.g., it may set time frames for witness testimony and it may limit opening/closing statements or their length, etc.). The general course of procedure for a panel hearing is as follows:
(a) Introductions
(b) Opening statement from the complainant
(c) Opening statement from the respondent
(d) Complainant’s witnesses to be questioned by the Panel.
(e) Respondent’s witnesses to be questioned by the Panel.
(f ) Panel questioning of the complainant and respondent.
(g) Complainant’s closing statement.
(h) Respondent’s closing statement.
(i) Complainant’s brief rebuttal statement.
A complainant or respondent may not question each other or other witnesses directly. If any additional questions (other than those questions previously submitted in writing prior to the hearing) are desired to be asked by either party during the hearing, the party must make that request to the Chairperson of the Hearing Panel, who will determine whether to ask them. The Chairperson of the Hearing Panel determines the relevancy of any information presented at the hearing and can exclude any irrelevant or duplicitous information.
• Evidence: Issues regarding admission of evidence or testimony, including relevancy and the reliability of the evidence and testimony will be determined by the Chairperson of the Hearing Panel during the hearing. Sexual history of either party may not be considered during the hearing unless such information is determined to be highly relevant by the Chairperson.
• Decision: At the conclusion of the hearing, the Hearing Panel will deliberate in private regarding whether the respondent is “In Violation” or “Not in Violation” of this policy. The Chairperson and Hearing Panel may confer with the Title IX/EEO Coordinator, as needed. Evidence will be evaluated under a “preponderance of the evidence standard,” meaning that the respondent will be found “In Violation” of the policy if, based upon the entirety of the evidence presented during the hearing, it is determined that the respondent “more likely than not” violated the policy in question. A majority vote is required. If there is a finding that the respondent is “In Violation” of this policy, sanctions will be imposed as described on the next page. The parties will be advised in writing of the decision and the imposed sanctions, if applicable. The written decision will summarize the hearing panel’s rationale for the decision and, where applicable, will summarize credibility determinations that were important to the decision.
• If there is a finding that the respondent is “In Violation” of this policy, a sanction will be imposed.
• Sanctions for students will be determined by the Vice President of Student Life (or designee) and may include, but are not limited to: warning, restitution, disciplinary probation, suspension for a definite period of time after which the student is eligible to return (Note: Conditions for readmission may be specified), permanent dismissal, specialized treatment off campus, no-contact orders, trespass from campus, housing restrictions, adjustments to course schedules, revocation of admission, restrictions on participation in graduation and/ or other University programs or activities, and/or other educational sanctions deemed appropriate under the circumstances.
• Sanctions for University employees (other than faculty) will be determined by the Vice President of Human Resources (or designee) and may include, but are not limited to: warning, restitution, suspension for a definite period of time after which the employee is eligible to return (Note: Conditions for reemployment may be specified), permanent termination from employment, required counseling, educational measures, and/or other sanctions deemed appropriate under the circumstances.
• Sanctions for University faculty will be determined by the Chief Academic Officer (or designee) and may include, but are not limited to: warning, restitution, suspension for a definite period of time after which the faculty member is eligible to return (Note: Conditions for reemployment may be specified), permanent termination from employment, required counseling, educational measures, termination of an appointment with tenure or of a non-tenured appointment, and/or other sanctions deemed appropriate under the circumstances.
• Imposed sanctions will remain in effect pending the outcome of any appeal process, although a request may be made to the Chairperson of the Hearing Panel to delay implementation of the sanctions until the appeal is decided. However, as to respondent faculty members, if the proposed sanction includes suspension or dismissal of a tenured faculty member and the case is not appealed, the matter will be referred to the University’s President, who will decide whether to initiate the process set forth in the Faculty Handbook for imposition of such a sanction.
• Both parties will be notified in writing simultaneously of the panel’s decision. The parties will also be informed of the sanctions imposed, if applicable, and the University appeal procedures. The Chairperson will also promptly notify the Title IX/EEO Coordinator (or designee) in writing of the decision and the sanctions imposed, if applicable. Regardless of the outcome of the formal hearing, interim measures may be provided to the complainant or respondent by the Title IX/EEO Coordinator (or designee). Such interim measures (as described herein) include any appropriate remedy warranted by the circumstances.
• Sanctions:
Appeals
Complainants and respondents may file a written appeal with the University’s Title IX/ EEO Coordinator (or designee) within seven calendar days from the date of the decision.
To file an appeal, please use the University’s Request for Appeal Form or contact the Title IX/EEO Coordinator (or designee) to obtain a paper version of the Request for Appeal Form. The non-appealing party will have an opportunity to provide a written response to the request for appeal via the University’s Response Statement or contact the Title IX/EEO Coordinator (or designee) to obtain a paper version of the Response Statement. This Response Statement must be submitted within seven calendar days of receipt of the Request for Appeal Form.
If the appeal request is not timely filed with the University’s Title IX/EEO Coordinator (or designee), the appeal will be dismissed and the Hearing Panel’s decision and imposed sanctions (if applicable) will stand. However, as to respondent faculty members, if the proposed sanction includes suspension or dismissal of a tenured faculty member and the appeal is dismissed, the matter will be referred to the University’s President, who will decide whether to initiate the process set forth in the Faculty Handbook for imposition of such a sanction.
The only grounds for appeal are as follows:
• The appropriateness of the sanction(s) relative to the violation(s);
• • To consider substantive new evidence, unavailable during the investigation or at the time of the hearing, that could substantially impact the original finding or sanction;
• A procedural or substantive error occurred that significantly impacted the outcome of the hearing; and/or
• The decision of the Hearing Panel was unsupported by substantial evidence. Substantial evidence refers to evidence that a reasonable person could accept as adequate to support the decision
If an appeal is timely filed, the Chief Operating Officer (or designee) will review the case and may issue the following outcomes:
• Affirm the decision and imposed sanction(s) rendered.
• Affirm the decision and change the sanction(s) imposed to a lesser or more severe sanction.
• If the Chief Operating Officer (or designee) determines that a procedural or substantive error(s) occurred in the Formal Resolution Process, the case may be remanded to the Hearing Panel with specific instructions to correct the error(s) and reconsider the case.
• If the Chief Operating Officer (or designee) determines that the appeal request contains substantive new information, the case shall be remanded to the Hearing Panel to reconsider the case in light of the new information.
• Reverse the decision (and imposed sanctions if applicable) rendered as the decision was unsupported by substantial evidence.
The decision of the Chief Operating Officer (or designee) will be final. However, as to respondent faculty members, if the proposed sanction is upheld by the Chief Operating Officer (or designee) and includes suspension or dismissal of a tenured faculty member, the matter will be referred to the University’s President, who will decide whether to initiate the process set forth in the Faculty Handbook for imposition of such a sanction.
The Chief Operating Officer (or designee) will generally decide an appeal within 20 calendar days from when the appeal was received; if the decision will take longer, the Chief Operating Officer (or designee) will let the parties know. The Chief Operating Officer (or designee) will provide written notification to the complainant and respondent after a decision has been determined.