Pre-Hearing Procedures

1. Filing a Formal Complaint

a. The timeframe for the Title IX Grievance Procedure begins with the filing of a Formal Complaint. The Title IX Grievance Procedure will be concluded within a reasonably prompt manner, and no longer than ninety (90) business days after the filing of the Formal Complaint, provided that the Title IX Grievance Procedure may be extended for good reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. 

b. To file a Formal Complaint, a Complainant must provide the Title IX Coordinator a written, signed document describing the facts alleged. 

c. Complainants may file a Formal Complaint if they are currently participating in, or attempting to participate in, the education programs or activities of the University, including as an employee. Complainants who do not meet these criteria may proceed pursuant to the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation. 

d. If a Complainant does not file a Formal Complaint, the Title IX Coordinator may a Formal Complaint against the Respondent. The Title IX Coordinator will inform the Complainant of this decision in writing. The Complainant will not be required to further participate in the Title IX Grievance Procedure, and will receive all notices issued pursuant to this Procedure, unless the Complainant requests no further notice. 

2. Law Enforcement Option. 

Nothing in the Title IX Grievance Procedure prevents a Complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus Title IX Grievance Procedure. 

3. Informal Resolution Option.

 A Complainant who files a Formal Complaint may elect, at any time, to address the matter through the Title IX Informal Resolution Procedure, which is discussed in Part K of this Title IX Grievance Procedure. 

4. Consolidation. 

The Title IX Coordinator may consolidate Formal Complaints alleging Covered Sexual Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of Covered Sexual Harassment arise out of the same facts or circumstances. 

5. Determining Jurisdiction 

The Title IX Coordinator will determine if this Title IX Grievance Procedure applies to a Formal Complaint. The Title IX Grievance Procedure will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator: 

a. The conduct is alleged to have occurred on or after August 14, 2020; 

b. The conduct is alleged to have occurred in the United States; 

c. The conduct is alleged to have occurred in an education program or activity of the University; and 

d. The alleged conduct, if true, would constitute Covered Sexual Harassment as defined above. 

If all of the elements are met, the University will investigate the allegations according to this Title IX Grievance Procedure. 

6. Allegations Potentially Falling Under Two Policies

 If the reported conduct, if true, includes conduct that would constitute Covered Sexual Harassment and conduct that would not constitute Covered Sexual Harassment, the Title IX Grievance Procedure will be applied to investigation and adjudication of the allegations that constitute Covered Sexual Harassment. The Title IX Coordinator may elect to address allegations of conduct that do not constitute Covered Sexual Harassment pursuant to the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation. 

7. Dismissal of some or all of the Formal Complaint

a. Mandatory Dismissal. If, based on the Formal Complaint or the subsequent investigation, any one of the jurisdictional elements in (5), above, is not met, the Title IX Coordinator will notify the parties that the Formal Complaint is being dismissed for the purposes of this Title IX Grievance Procedure. If applicable, the Title IX Coordinator will advise the Parties that the reported misconduct may be addressed pursuant to the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation. 

b. Discretionary Dismissal. The Title IX Coordinator may dismiss a Formal Complaint brought under this Title IX Grievance Procedure, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if: 

i. A Complainant notifies the Title IX Coordinator in writing that the Complainant wants to withdraw the Formal Complaint or any allegations raised in the Formal Complaint; 

ii. The Respondent is no longer enrolled at or employed by the University; or, 

iii. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint. 

c. Notice of Dismissal. The Title IX Coordinator will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the Parties. 

d. Appeal. Any Party may appeal a dismissal determination using the Procedure set forth in “Appeals,” below. 

e. Notice of Referral to the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation. Upon dismissal of a Formal Complaint, or part of a Formal Complaint, pursuant to this Title IX Grievance Procedure, the Title IX Coordinator, or designee, may utilize the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation to determine if a policy violation has occurred. The Title IX Coordinator or designee will promptly send written notice of the referral of the matter to the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation to the Parties. 

8. Notice of Allegations

a. Following the filing of a Formal Complaint, the Title IX Coordinator will promptly provide a Notice of Allegations to Parties named in the Formal Complaint. The Notice of Allegations will be sent to the Parties’ institutional email accounts if they are students or employees, and by other reasonable means if they are neither. 

b. The Investigator will provide the Parties with sufficient time to review the Notice of Allegations and prepare a response to it before any initial interview pursuant to the investigation. 

c. If the Title IX Coordinator determines that the Formal Complaint must be dismissed in whole or in part on the mandatory grounds identified above, the Title IX Coordinator will issue a Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations. 

d. The Notice of Allegations will include the following:

 i. Notice of and a link to this Title IX Grievance Procedure. 

ii. Notice of the allegations potentially constituting Covered Sexual Harassment, and the details known at the time the Notice is issued, such as the identities of the Parties involved in the incident, if known, the conduct allegedly constituting Covered Sexual Harassment; and the date and location of the alleged incident. 

iii. A statement that the Respondent is presumed not responsible for the alleged conduct and that a Determination of Responsibility is made at the conclusion of the Title IX Grievance Procedure. 

iv. A statement that the Parties may be accompanied by an Advisor of their choice, who may be, but is not required to be, an attorney, at any meeting to which the Party is invited or required to attend pursuant to the Title IX Grievance Procedure. 

v. A statement that before the conclusion of the investigation, the Parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the Decision-Maker does not intend to rely in reaching a Determination of Responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a Party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi); and 

vi. A statement that a Party who makes a false statement or allegation during the investigation may be subject to an investigation pursuant to the Policy Against Discrimination, Harassment, Sexual Violence or Retaliation to determine if a violation of that Policy has occurred. A false allegation occurs when an individual knowingly, or with reckless disregard for the truth, makes a false report of discrimination, harassment, sexual violence or retaliation, or gives false information during an investigation or proceeding relating to such an allegation. A person acts with reckless disregard for the truth when the person makes the report or provides the information, but makes no effort to determine whether it is true, or is indifferent to whether it is true. 

9. Ongoing Notice of Allegations

If, in the course of an investigation, the Title IX Coordinator identifies possible misconduct by the Complainant or Respondent not included in the initial Notice of Allegations and which, if true, would constitute Covered Sexual Harassment, the Title IX Coordinator will notify the Parties that the additional allegations to be investigated. 

The Parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional allegations.