Grievance Procedures for Addressing Formal Complaints
Title IX | Sexual Misconduct
University Title IX
Coordinator
LaJuan N. Flores, M.Ed., SPHR
Director and Title IX
Coordinator, Office for
Protected Rights
INTRODUCTION
A. The Purpose of the Title IX Grievance Procedure for Addressing Formal Complaints of Sexual Harassment
Title IX of the Educational Amendments of 1972 (Title IX) prohibits any person in the United States from being discriminated against on the basis of sex in access to and participation in any educational program or activity receiving Federal financial assistance. The U.S. Department of Education, which enforces Title IX, interprets its prohibition against sex discrimination to include sexual harassment and sexual violence that interfere with a student’s ability to equally access educational programs and opportunities.
On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:
- Defines “sexual harassment” (including forms of sex-based violence); and
- States the process by which the University must respond to reports of misconduct falling within that definition of sexual harassment.
See 85 Fed. Reg. 30026 (May 19, 2020) (Final Rule). The full text of the Final Rule and its Preamble are available here: Rules and Regulations. Based on the Final Rule, Cleveland State University implements this Title IX Grievance Procedure effective August 14, 2020.
B. The Impact of the Title IX Grievance Procedure on Other Campus Policies
The Office for Institutional Equity retains the authority to investigate misconduct constituting discrimination, harassment, sexual violence and retaliation pursuant to the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation and related Procedures for Investigating Complaints of Discrimination, Harassment, Sexual Violence and Retaliation (Procedures) as to discrimination, harassment, sexual violence and retaliation falling outside the jurisdiction of this Title IX Grievance Procedure, or which are identified by the Title IX Policy or the Title IX Grievance Procedure as subject to investigation and adjudication pursuant to those Procedures.
This Title IX Grievance Procedure is not transferable to any other policy of the University for any violation of any code of conduct, employment policies, the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation, or any civil rights violation. The application of this Title IX Grievance Procedure does not set precedent for other policies or processes in the University.
| II. THE TITLE IX GRIVANCE PROCEDURE FOR ADDRESSING FORMAL COMPLAINTS OF SEXUAL HARASSMENT |
|---|
| General Rules of Application |
| Definitions |
| Where to Report Covered Sexual Harassment |
| Non-Investigatory Measures Available Under the title IX Grievance Policy |
| Pre-Hearing Procedures |
| Investigation |
| Live Hearing |
| Determination of Responsibility |
| Appeals |
| Retaliation is Prohibited |
| Informal Resolution Process for Title IX Matters |