Complaint Reporting & Resolution Procedures

Truman State University Reporting & Resolution Procedure for Complaints of Protected Class-Based Discrimination and Harassment

I. GENERAL

Truman State University prohibits discrimination and harassment on the basis of race, color, national origin, sex, disability, religion, age, sexual orientation or veteran status in all University programs and activities. When the University has notice of a violation of these policies and procedures, including when a reporting party submits a formal complaint, the University will promptly respond to conduct a fair and impartial investigation, and remedy the situation. When the University receives notice of a violation of these policies and procedures, the University will promptly act to stop the prohibited conduct, remedy the effects of the conduct, prevent the conduct from reoccurring, and, when a determination of responsibility has occurred, hold the violating party appropriately accountable.

Truman is firmly committed to free expression and academic freedom, and to creating and maintaining a safe, healthy, and harassment-free environment for all members of our community. Discrimination and harassment based on protected class-status, and retaliation by or against members of Truman’s community, is not protected expression, nor the proper exercise of academic freedom. The University will consider principles of free expression and academic freedom in the investigation of reports of discrimination based on protected status, sexual harassment and retaliation that involve a person’s statements or speech.

This Grievance Procedure provides a prompt and equitable resolution for complaints alleging discriminatory conduct in violation of the University’s Antidiscrimination Policies. It further sets forth the rights and obligations of students, faculty, and staff, with respect to the reporting, notice, investigation, adjudication, remedies and sanctions for alleged violations of the University’s Antidiscrimination Policies. Anyone who believes that they have been subjected to prohibited discrimination, or any person who believes that a violation of the University’s Antidiscrimination Policies has occurred, may use this procedure to report the alleged violation.

II. DEFINITIONS

A. The University’s Antidiscrimination Policies. The University’s Antidiscrimination Policies include the “University Non-Discrimination Policy,” the “University Sexual Harassment Policy,” these complaint reporting and resolution procedures, and the “Accommodations for Persons with Disabilities” policy as promulgated and adopted by the University President, as well as the following provisions of the Board of Governors Code of Policies: Section 15.010 Notice of Non-Discrimination; Section 15.020 Amorous Relationships; and Section 10.020-Equal Employment Opportunity/Affirmative Action Program.

B. Prohibited Discrimination. Discrimination or harassment on the basis of race, color, national origin, sex, disability, religion, age, sexual orientation or veteran status in University programs and/or activities, including retaliation against a person for exercising their right to make a report, testify, assist, participate, or refuse to participate in the applicable procedures implementing the University’s Non-Discrimination Policy.

C. Advisors. The individuals selected by the Complainant and Respondent to provide support and guidance throughout the Grievance Procedure. Each party is allowed one advisor, who may or may not be an attorney. Parties may elect to not select an advisor. Each party may elect to have an advisor appointed by the University at no cost to them. In all non-Title IX matters, the use of an advisor is optional. In live hearings regarding Title IX violations, the parties must use an advisor, and only the advisor may conduct cross-examinations. In a live hearing to determine responsibility stemming from a formal complaint alleging sexual harassment and/or discrimination in violation of Title IX, if any party does not have an advisor, the University will appoint one to conduct cross-examination for them. Outside of cross-examination, advisors may not actively participate on behalf of or answer for the parties. For further detail on advisors throughout a Title IX matter, see section X.A.3 of these policies and procedures. For further detail on advisors in all other matters, see section X.B.5 of these policies and procedures.

D. Administrative Officer. The Administrative Officer is a trained administrator designated by the President to coordinate efforts to enforce the University’s Antidiscrimination Policies. The Administrative Officer serves as the University’s Title IX Coordinator, Section 504 Coordinator, Institutional Compliance Officer, and Chief Equity Officer/Affirmative Action Officer. The Administrative Officer’s contact information is:

James D. Smiser
Administrative Officer
Interim Title IX Coordinator/Section 504 Coordinator
Violette Hall 1308
Truman State University
100 East Normal
Kirksville, MO 63501
Telephone Number: (660) 785-4354
Email Address: titleix@truman.edu

For purposes of this procedure, references to the Administrative Officer shall include any individual designated by the Administrative Officer to perform his/her obligations during the Grievance Procedure. The Administrative Officer has discretion to designate persons internally or from outside the University.

E. Amnesty. Consideration given to a party, witness, or reporter of conduct in violation of University Antidiscrimination Policies who used alcohol or drugs in violation of University policy or who has engaged in minor policy or Student Code of Conduct violations.

F. Appellate Officer. A trained, cabinet-level administrator appointed by the President to hear and decide timely appeals.

G. Applicant. Person who has completed all required steps of the application process to be considered for admission and/or employment with the University.

H. Campus/Student Organization. An organization which has received official approval in accordance with University policies. Up to three members of the organization may represent the organization throughout these procedures.

I. Complainant. The person or persons who are alleged to have been subject to discrimination, including sexual harassment, regardless of whether a formal complaint is filed.

J. Coercion. Exertion of power or control over another by use of force, pressure, manipulation, threats or intimidation. Determinations are made on a case-by-case basis.

K. Consent. Mutually understood and unanimous agreement to engage in a specific sexual activity at a specific time among all participating parties. Consent must be knowing, clear, voluntary and unambiguous. Effective consent and withdrawal of consent may be communicated by words or actions. Consent must be obtained at the time of the specific sexual activity and it can be withdrawn at any time. Silence or absence of resistance does not establish consent.

The person who wishes to engage in sexual activity with another bears the burden of specifically obtaining consent. If consent is in question or ambiguous, then the person wishing to engage in sexual activity must clarify or explicitly ask permission. Consent to engage in sexual activity with one person does not extend to sexual activity with another person. Consent to engage in one sexual activity does not extend to any other sexual activity.

Someone who is incapacitated cannot give consent. Consent is not effective or valid if it is:

Given by a person who lacks the intellectual or mental capacity to authorize the conduct and such mental incapacity is known or should have been known to the person initiating sexual activity;
Given by a youth whose age is under the statutory age of consent;
Given by a person who is incapacitated due to voluntary or involuntary consumption of alcohol, and/or voluntary or involuntary use of legal or illegal drugs; or
Induced by force, coercion, duress or deception

L. Days. Shall be business days excluding University recognized holidays and closures.

M. Evidence. Any information, document, exhibit, or testimony that is materially related to the allegations raised in a formal complaint.

N. Hearing Officer. A trained decision-maker with the authority and responsibility to determine whether a Respondent has engaged in behavior in violation of University Antidiscrimination Policies.

O. Formal Complaint. Written document signed by a Complainant or the Administrative Officer alleging prohibited discrimination, including Title IX Sexual Harassment, against (a) Respondent(s). Filing a formal complaint initiates this Grievance Procedure.

P. Harassment. Unwelcome verbal, written, physical or electronic conduct that is sufficiently severe, persistent or pervasive such that it unreasonably interferes with, limits or deprives a person from participating in or benefiting from University programs and/or activities or creates an intimidating, hostile or offensive work or learning environment.

In determining whether unwelcome conduct is harassing; the totality of the circumstances surrounding the conduct, including its frequency, nature and severity, the relationship between and among the parties, and the context in which the conduct occurred will be considered.

Note: this definition does not apply to allegations of sexual harassment. Such allegations have a separate definition which is defined in these policies and procedures in subsection X. of this section. However, conduct that is submitted as sexual harassment, but that does not meet the requisite standard defined in subsection X.1.c or X.2.b of this section, may still be evaluated under this definition. No respondent may be found responsible for a violation of both definitions of harassment for the exact same conduct.

Q. Gender Based Harassment. Unwelcome conduct based on sex, sex-stereotyping, or gender identity, but not involving conduct of a sexual nature. This conduct is a prohibited form of sexual harassment and/or discrimination.

R. Incapacity. Physical or mental inability to make a reasoned decision to engage in specific conduct at a particular point in time as determined by evaluating the totality of the circumstances. Incapacity can be the result of temporary or permanent physical or mental impairment, sleep, unconsciousness, disability, illness, or voluntary or involuntary use of alcohol or sedatives or “date-rape” drugs or other legal or illegal drugs.

One who is incapacitated cannot give effective consent. Determinations are made on a case-by-case basis.

S. Informal Resolution. Resolution of a report or formal complaint using alternative dispute resolution processes.

T. Investigator. Person responsible for investigating allegations of discrimination in violation of University Antidiscrimination Policies, who has been trained on said policies including the University Sexual Harassment Policy, University Non-Discrimination Policy, and this Grievance Procedure. Investigators shall also be trained on how to conduct a fair and impartial investigation, how to access credibility, and how to prepare an investigative report that fairly summarizes the relevant evidence. Investigators shall receive specific training to avoid bias, conflicts of interest, stereotypes and prejudgment based on a person’s status as Complainant, Respondent or witness, or on a person’s protected class status as listed in the University Antidiscrimination Policies.

U. Parties. The identified Complainant(s) and Respondent(s) in a formal complaint.

V. Respondent. The person, persons or organization reported to have violated the University Antidiscrimination Policies.

W. Sanction. Educational assignment, requirement, task, and/or disciplinary action taken by the University in response to a determination of responsibility for violating University Antidiscrimination Policies.

Note: any sanction recommended in response to a determination of responsibility for a violation of conduct prohibited by Title IX shall not be imposed until the determination is considered final, after a final decision on appeal is issued, or, if no appeal is filed, after the deadline to file such an appeal has passed.

X. Sexual Harassment. Sexual harassment is a form of sex discrimination. There are two types of sexual harassment subject to the jurisdiction of this Grievance Procedure: sexual harassment in the work environment (employee rights), which is governed by Title VII of the Civil Rights Act of 1964, and sexual harassment in the educational environment (employee and student rights), which is governed by Title IX of the Education Amendments of 1972. While students are covered and protected by Title IX, employees of the institution, including student employees, are covered and protected by both definitions.

Sexual harassment prohibited by Title VII of the Civil Rights Act of 1964 is unwelcome sexual advances, requests for sexual favors, and other verbal, written, physical or electronic conduct, based on sex, in the employment environment when:
a. Submission to such conduct is made an expressed or implied term or condition of employment, or participation or status in a class, program or activity; or
b. Submission to or rejection of the conduct is used to make an employment decision (such as hiring, promotion, work assignment, benefit, exclusion or discipline); or
c. The conduct is sufficiently severe, persistent or pervasive such that it unreasonably interferes with, limits or deprives a person from participating in or benefiting from University programs and/or activities or creates an intimidating, hostile or offensive work environment.
Sexual Harassment prohibited by Title IX of the Education Amendment of 1972 is unwelcome sexual advances, requests for sexual favors, or other verbal, written, physical or electronic conduct, based on sex, in the academic or employment setting when:
a. An employee conditions the provision of an aid, benefit or service on an individual’s participation in such unwelcome sexual conduct (such as academic evaluation, grades or advancement); or
b. The conduct is determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to University employment, classes, programs or activities; or
c. The conduct is Sexual Assault as defined below; or
d. The conduct is Dating Violence as defined below; or
e. The conduct is Domestic Violence as defined below; or
f. The conduct is Stalking as defined below.

For the purposes of this section, Sexual Assault is defined as any sexual act that constitutes:

1) Rape. Rape is the carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. As used in this definition, “carnal knowledge” means any degree of penetration, no matter how slight, of the vagina or anus by the sex organ of another person. Attempted Rape is also a violation of this provision.

2) Sodomy. Sodomy is oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

3) Sexual Assault with an Object. Sexual assault with an object is the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. An Object or Instrument is anything used by the offender other than the offender’s genitalia.

4) Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

5) Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Missouri law.

6) Statutory Rape is sexual intercourse with a person who is under the statutory age of consent as defined by Missouri law.

For the purposes of this section, Dating Violence is an act of violence committed by a person:

1)Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

2) Where the existence of such a relationship shall be determined based on a consideration of the following factors:

a) The length of the relationship;
b) The type of relationship; and
c) The frequency of interaction between persons involved in the relationship.

For the purposes of this section, Domestic Violence is a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, by a person whom the victims 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 under the domestic or family violence laws of Missouri, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Missouri.

For the purposes of this section, Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

1) Fear for their safety or the safety of others, or
2) Suffer substantial emotional distress.

Sexual harassment can occur between individuals who know each other, individuals who do not know each other, individuals who have an established relationship, and individuals who have previously engaged in consensual sexual activity. Sexual harassment can be committed by persons of any gender identity, and it can occur between people of the same or different sex.

Y. Student. A person who has been admitted to the University who is actively participating in or attempting to participate in a University course of study, classes, program or activity. For the purpose of this Grievance Procedure, student status continues during scheduled intermittent breaks in the academic calendar.

Z. Witness. A person who has relevant information regarding the facts of a case.

III. REPORTING PROHIBITED DISCRIMINATION

A. Students, Faculty, Staff, Contractors and Visitors. Any student, faculty, staff, contractor, or visitor who is aware of or has been subjected to any form of discrimination in violation of University Antidiscrimination Policies is encouraged to promptly report the incident to the Administrative Officer.

B. Mandated Reporters. All employees of the University, except confidential reporters, who become aware of a potential violation of University Antidiscrimination Policies in the course and scope of their employment are mandated reporters. A mandated reporter is required to promptly report all details of the alleged discriminatory conduct to the Administrative Officer. This includes the names of the parties, if known, even if the reported victim of the alleged conduct requests that the mandated reporter keep the information confidential, and regardless of how the Mandated Reporter became aware of the alleged conduct.

C. Confidential Reporter. Employees and contractors of the University that have a legal obligation or privilege of confidentiality are not considered mandated reporters when they become aware of confidential information in the course of confidential communication. Not all communication exchanged between confidential reporters and individuals is confidential and protected. At the request of the reporting party, confidential reporters can assist individuals in contacting the Administrative Officer to report prohibited discrimination. Confidential reporters include counselors, healthcare providers, attorneys, and Women’s Resource Center personnel.

D. Law Enforcement. It is the Complainant’s choice whether to make a report to the University Department of Public Safety (DPS) or another law enforcement agency if the alleged conduct constitutes a crime. A report of criminal discriminatory conduct to DPS will be considered a report to law enforcement and will be reported to the Administrative Officer. Though DPS can assist victims in accessing services and/or contacting the Administrative Officer, DPS may also proceed with pursuing a criminal investigation and/or criminal charges with or without the Complainant’s consent.

IV. CONTACT AND INQUIRY

A. Contact with Complainant. Following receipt of a report of prohibited discrimination or a formal complaint, the Administrative Officer will promptly communicate with the Complainant to:

Assess the immediate safety needs of the Complainant;
Inform the Complainant of available counseling, health services, mental health services, victim advocacy, legal assistance, visa and immigration assistance, and other services on or off campus and to assist with scheduling if the Complainant makes a request;
Assess the need to implement other supportive and protective measures;
Explain the Grievance Procedure and process to file a formal complaint;
Provide the Complainant contact information for local law enforcement and, if requested, assist the Complainant with contacting local law enforcement; and
Consider the Complainant’s wishes with respect to the outcome.

B. Timely Warning. The Administrative Officer will conduct an initial assessment of the reported conduct. The Administrative Officer is legally obligated to notify law enforcement of certain crimes, including sexual assault, where the victim is a minor or there is an immediate threat to the health and/or safety of the campus community. Generally, Complainant and Respondent’s names and identities will not be disclosed to DPS without Complainant’s permission. If a report discloses serious or immediate threat to the campus community, Truman will issue a timely notification to the community to protect the health or safety of the community. The timely notification will not include any identifying information about the Complainant.

C. Confidentiality of a Reporting Party or Complainant.If the Complainant requests confidentiality or asks that the University not pursue the reported violation of the University’s Antidiscrimination Policies, the Administrative Officer will evaluate the request. The Administrative Officer shall honor a Complainant’s confidentiality request unless doing so would be unreasonable in light of known circumstances. The Administrative Officer’s evaluation balances the Complainant’s request against the University’s responsibility to provide a safe and nondiscriminatory environment for all students, faculty, staff, contractors and visitors.

The Administrative Officer should inform the Complainant that the University’s ability to respond to the reported conduct will be limited if confidentiality is granted. The University will timely inform the Complainant if the University cannot honor the Complainant’s confidentiality.

D. Inquiry. The Administrative Officer may initiate an inquiry to gather information after receiving a report of alleged discrimination. This may occur before or after meeting with the reporting party and/or Complainant, before determining whether to accept or dismiss a formal complaint, or before the Administrative Officer decides to initiate a formal complaint in response to a report of discriminatory conduct which, if true, would be in violation of University Antidiscrimination Policies or as part of a concern for systemic disparate and/or differential treatment.

V. SUPPORTIVE MEASURES AND EMERGENCY REMOVAL

Upon receipt of a report of prohibited discrimination, including Title IX Sexual Harassment, the Administrative Officer will make an initial assessment of the reported information and respond to any immediate health or safety concerns raised by the report which may include the provision of supportive measures or emergency removal procedures.

A. Supportive Measures.The Administrative Officer shall provide individualized services as appropriate and reasonably available to Complainants and Respondents for the purpose of restoring and/or preserving their equal access to their educational programs or activities, or to protect the safety of the parties and/or the campus community, or to stop prohibited harassment. Supportive measures shall be offered even where no formal complaint is filed, and regardless of whether an investigation is pending or ever occurs. The University shall not impose a fee or charge to the Complainant or Respondent for supportive measures, and supportive measures shall not unreasonably burden one party. Supportive measures include, but are not limited to the following:

Referral to counseling and medical services;
Referral to advocacy and support services on and off-campus;
Limiting and/or scheduling access of individual buildings;
Limiting and/or scheduling access to programs, activities and organizations;
Access to escort service or other transportation to allow movement safely between classes, buildings and campus activities;
Mutual no-contact orders;
Campus no-trespass orders;
Increased security and monitoring in areas of campus;
Adjustments to class or work schedules, or methods of participation in campus activities to minimize interactions between parties and witnesses;
Academic support, such as extensions of deadlines, flexibility in exams or other course-related adjustments;
Changes in work location;
Adjustments to lines of supervision and/or reporting lines;
Leaves of absence;
Adjustments or modifications to work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities and/or work arrangements of Complainant and/or Respondent;
Relocating or altering the on-campus housing and dining assignments, dining arrangements, or other campus services for Complainant and/or Respondent;
Adjustments to extracurricular activity schedules;
Referral to the court system for ex parte or full orders of protection; and
Increased security and monitoring in areas of campus.

B. Emergency Removal. The Administrative Officer may, on emergency basis, remove a Respondent from the University or University-recognized employment, classes, programs or activities, including removal from campus. This may occur before or after the filing of a formal complaint. Emergency removals are not punitive nor corrective.

Basis. The Administrative Officer shall conduct a safety and risk analysis that focuses on the specific known circumstances and facts surrounding the Respondent and arising from the allegations of discriminatory conduct. The Administrative Officer may elect to consult with campus officials to assist in this analysis. An emergency removal is justified and warranted when a Respondent’s participation and/or presence on campus constitutes an imminent and immediate threat to the:
a. Physical health of the Complainant;
b. Physical health of the Respondent;
c. Physical safety of the Complainant;
d. Physical safety of the Respondent;
e. Health of any student or individual as a result of the allegations of discriminatory harassment contained in the formal complaint; and/or
f. Safety of any student or individual as a result of the allegations of discriminatory harassment contained in the formal complaint.
Procedure.
a. The Administrative Officer shall promptly provide a written Notice of Emergency Removal to the Respondent. The Notice shall describe the conduct and/or known facts with specificity including dates, locations, and individuals that establish that Respondent’s continued participation and/or presence on campus constitutes an imminent and immediate threat. Further, the notice should include conditions, if any, and the duration of the removal, if known.
b. Should the Respondent believe the emergency removal decision was incorrect, they may file a written appeal with the Administrative Officer within seven (7) days from delivery of notice of the emergency removal and show cause why the emergency removal was not correct.
c. At the discretion of the Administrative Officer, when the Respondent is a student, alternative coursework options may be pursued to ensure as minimal an impact as possible on the Respondent.
d. The Administrative Officer has sole discretion to implement or stay an emergency removal and to determine its conditions and duration.
e. Violation of an emergency removal directive under this Grievance Procedure will be grounds for sanctions.
Suspension of Organizations. In cases where the Respondent is a campus/student organization, the Administrative Officer may, on an emergency basis, issue an interim suspension of the Respondent organization’s operations, University recognition, and access to and use of the University campus/facilities/events and/or all other University activities or privileges for which the Respondent organization might otherwise be eligible, pending the completion of the Grievance Procedure. Interim suspensions are not punitive nor corrective.The basis and procedure for an interim suspension issued by the Administrative Officer when the Respondent is an organization shall be the same as detailed above for the emergency removal of an individual. Notice shall be provided to the President or equivalent figure of authority of the Respondent organization. Organizations may have three representatives participate in this Grievance Procedure. The organizational advisor for the Respondent organization may act as their advisor for the Grievance Procedure if the Respondent’s representatives choose that person to do so.Nothing in these policies and procedures shall prevent any other University official with the authority to do so from entering such a restriction or suspension in response to organizational conduct that is in violation of any other policy, including the Student Code of Conduct. Such an action may occur before or after the filing of a formal complaint, or when no such complaint is ever filed. Such an action may occur before or after consultation with the Administrative Officer.Note that organizations cannot be Respondents in formal complaints alleging violations of conduct prohibited by Title IX. In such a proceeding, Respondents may only be individuals. However, an organization may still face discipline for conduct that is also in violation of Title IX under another University policy, including the Student Code of Conduct.

C. Administrative Suspension. After the filing of a formal complaint, the Administrative Officer may place a Respondent student-employee, faculty or staff member on administrative suspension, during all or a portion of the Grievance Procedure.

The Administrative Officer will consider whether the Respondent’s continued presence in the workplace is likely to create a danger to the safety and well-being of co-workers, students and/or the public, is destructive to University business, is disruptive and/or detrimental to the work environment or is harmful to the integrity of the investigation.

Depending on the allegations of the formal complaint, the Administrative Officer may consult with the Respondent student-employee, faculty or staff member’s supervisor, but in all cases will inform the cabinet level supervising authority and Human Resources.

At the discretion of the Administrative Officer, when the Respondent is a student-employee, alternative financial arrangements and coursework options may be pursued to ensure as minimal an impact as possible on the Respondent.

D. Confidentiality. The provision of supportive, protective and remedial measures is confidential. In an effort to prevent incidents of retaliation and protect the privacy interests of the parties, the disclosure of the identity of any individuals who are involved in or recipients of supportive, protective and remedial measures by University personnel is prohibited. Confidential information includes, but is not limited to, the existence and substance of a formal complaint, the names of the Complainant, Respondent, and witnesses, and what measures are provided and to whom. University personnel, including hearing personnel who are otherwise unaffiliated with the University, are prohibited from sharing confidential information. Complainants, Respondents, advisors, and witnesses are encouraged to use discretion in discussing matters pertaining to reports, complaints, and hearings, and they are encouraged to refrain from sharing confidential information. However, they are not restricted from sharing this information, nor are Complainants and Respondents restricted from gathering and presenting relevant evidence or discussing allegations, before or after the conclusion of the Grievance Procedure.

VI. INTAKE AND NOTICE

A. Formal Complaint. Formal complaints must be filed with the Administrative Officer. A Formal complaint is a request to start the Grievance Procedure. “Formal Complaint” is defined in Section II, subsection O. of these policies and procedures.

If, after a report is submitted, including through the online reporting system found at https://titleix.truman.edu/make-a-report/, the reporting party intends to proceed with filing a formal complaint, they should indicate to the Administrative Officer that they intend to submit a formal complaint and initiate the Grievance Procedure. The Administrative Officer is available to assist a Complainant with the creation of a formal complaint if necessary. A report may be submitted in person, by mail, by email, through the online reporting system, or by phone at (660)-785-4354. A formal complaint may be filed in person, by mail, or by email to titleix@truman.edu or nely@truman.edu at any time of day, including during non-business hours using the contact information for the Administrative Officer.

A formal complaint is different from a report. A formal complaint must be a written document that is signed by the submitter/Complainant. The Complainant’s signature may be electronic, but the complaint must indicate that the submitter intends to use an electronic signature to create a formal complaint. The Formal complaint must indicate the basis for its submission. The formal complaint does not need to state which policy in particular was violated, but it must state the conduct which allegedly was in violation of one of the University’s policies.

The Administrative Officer’s online reporting system is not an emergency reporting system, and the Administrative Officer is not a law enforcement officer or emergency responder. If any situation is an emergency, call 911. Do not use this reporting system until it is safe to do so.

The Administrative Officer has discretion to initiate the Grievance Procedure when failing to do so would be deliberately indifferent to the University’s obligation to maintain a safe and discrimination-free living, learning and working environment. The decision of the Administrative Officer to file a formal complaint shall be thoughtful, intentional and only reached after consideration of a variety of factors. Specific factors that warrant signing a complaint include, but are not limited to, when there is a pattern of alleged misconduct by the particular Respondent; when violence, threatening behavior, or the use of a weapon is alleged; or when the Administrative Officer believes that with or without the Complainant’s cooperation, given the known facts and circumstances, it would be unreasonable and inconsistent with the University’s commitment to provide a safe and discrimination-free environment if an investigation was not pursued.

When the Administrative Officer signs a formal complaint on behalf of the University, the Administrative Officer is not the Complainant nor a party during the Grievance Procedure.

The Administrative Officer may consolidate formal complaints as to allegations of prohibited discrimination when the allegations arise out of the same facts or circumstances. When this consolidation results in more than one Complainant and/or Respondent, the singular references, rights and responsibilities referred to in this Grievance Procedure are applicable in the plural.

B. Notice to Parties. The Administrative Officer will promptly provide a written Notice of Charges to the known parties. The Notice shall include the following information:

A description of the alleged discriminatory and/or harassing conduct, with sufficient details to include the identities of the Complainant and Respondent, if known, and the date and location of the alleged incident(s);
A description and copy of the Grievance Procedure, including Informal Resolution;
A statement that if a party is accused of sexual harassment, they may be found responsible under the University’s general definition of harassment, even if they are not found responsible for sexual harassment;
A statement that the parties will have the opportunity to inspect and review any evidence obtained during the investigation that is directly related to the alleged discriminatory conduct including inculpatory and exculpatory evidence;
A statement that the Complainant and Respondent may have the assistance of an advisor of their choosing, who may or may not be an attorney, at any or all meetings, interviews, and proceedings;
A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination of responsibility will not be issued until the conclusion of the Grievance Procedure;
A statement that the parties are expected to be truthful and forthcoming when making statements or offering evidence and that making false or misleading information is prohibited and may subject the party to disciplinary actions;
A statement that the University prohibits the personal recording, both video and audio, of meetings, interviews, and all proceedings under this Grievance Procedure;
A statement that the University will direct all correspondence to the Parties’ University-issued email accounts; and
A statement that Retaliation is prohibited.

The Notice of Charges will be sent to the parties’ official University-issued email. If the party does not have a University-issued email address, the Notice of Charges will be sent to the local address of each respective party as indicated in official University records. If there is no local address on file, mail will be sent to the party’s permanent address. Once sent in any manner indicated herein, notice will be deemed to have been provided.

VII. DISMISSAL AND WITHDRAWAL OF FORMAL COMPLAINT

The Administrative Officer will evaluate the formal complaint to determine if the University has jurisdiction to take action pursuant to the Grievance Procedure.

A. Title IX Sexual Harassment Mandatory Dismissal. For formal complaints alleging Title IX Sexual Harassment, either upon initial review or during the course of the investigation, the Administrative Officer shall dismiss the formal complaint if:

The conduct, as alleged, does not meet the definition of Title IX Sexual Harassment; or
The alleged conduct did not occur in University sanctioned or University controlled employment, classes, programs or activities; or
The alleged conduct did not occur against a person in the United States; or
The Complainant is not participating in or attempting to participate in University employment, classes, programs or activities.

Title IX Sexual Harassment is defined in Section II, subsection X. of these policies and procedures.

The University’s programs and activities include locations, events, or circumstances over which the University exercises substantial control over both the Respondent and the context in which the Sexual Harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution, such as an official fraternity or sorority house. Determinations are made on a case-by-case basis.

B. Title IX Sexual Harassment Permissive Dismissal. For formal complaints alleging Title IX Sexual Harassment, either upon initial review or during the course of the investigation, the Administrative Officer may dismiss the formal complaint if:

The Complainant requests in writing to withdraw or dismiss a formal complaint or any allegations therein; or
The Respondent is no longer enrolled at or employed by the University; or
Specific circumstances exist which would prevent or deny the University from gathering sufficient relevant evidence to reach a determination regarding responsibility.

C. Dismissal ofComplaints Alleging Title IX Differential/Disparate Treatment Based on Sex in Admissions; in Employment Including Hiring, Promotion, Termination and Pay; Title IX Retaliation; Title VII Sexual Harassment and Retaliation, and Other Protected Status-Based Discrimination, Harassment, and Retaliation

For all other formal complains under these policies and procedures, either upon initial review or during the course of the investigation, the Administrative Officer may dismiss the formal complaint if:

The conduct, as alleged, does not meet the definition of discrimination pursuant to University Antidiscrimination Policies; or
The Respondent is no longer enrolled or employed by the University; or
The Complainant requests in writing to withdraw or dismiss a formal complaint or any allegations, therein; or
Specific circumstances exist which would prevent or deny the University from gathering sufficient relevant evidence to reach a determination regarding responsibility.

D. Notice of Dismissal. If a formal complaint is dismissed for any of the above reasons, the Administrative Officer will provide the Complainant and Respondent written Notice of Dismissal and the reason(s) for dismissal.

E. Appeal of Dismissal.Either party may, within five (5) days of delivery of the Notice of Dismissal, submit a written appeal of the dismissal of a formal complaint based on the following grounds for appeal:

Procedural irregularity or deviation that materially affected the dismissal determination; or
New evidence that was not known to the party or not available at the time of the determination that could reasonably affect the dismissal determination; or
The Administrative Officer acted upon a conflict of interest or bias to the benefit or detriment of the Complainant or Respondent that affected the dismissal determination.

The written appeal must explicitly state the basis for the appeal.

The President shall appoint a cabinet level supervisory authority to serve as the Appellate Officer to evaluate appeals of the dismissal of a formal complaint. Within five (5) days, the Appellate Officer shall provide a written decision to the Administrative Officer. The Administrative Officer shall provide notice and a written decision as to whether the appeal had been granted or denied and the rationale simultaneously to the parties.

If an appeal of a dismissal is granted, the formal complaint will proceed consistent with this Grievance Procedure.

F. Requests for Appeal of Dismissal. The written appeal must be received by the Administrative Officer within five (5) days of the date the Notice of Dismissal was sent to the parties. The appeal should be directed to:

G. Review of the Request for Appeal. The Appellate Officer will make an initial review of the appeal request(s). The original dismissal is presumed to have been decided reasonably and appropriately. When any party requests an appeal, the other party will be notified. The party requesting an appeal must show that the grounds for an appeal request have been met, and the other party or parties may show the grounds have not been met, or that additional grounds are met. The Appellate Officer will then review the request for an appeal to determine whether:

The request is timely; and
The appeal is on the basis of any of the three articulated “Grounds for Appeal” listed above; and
The request clearly states the basis for the appeal; and
When viewed in the light most favorable to the appealing party, the appeal states grounds that warrant acceptance of the formal complaint, i.e. the request justifies reversal of the decision to dismiss the formal complaint.

The Appellate Officer will reject the request for appeal if all four of the above are not met. Such a decision is final.

H. Referral to Other University Office for Action. Dismissal of a formal complaint does not preclude action under other policies or codes of conduct of the University. If the conduct, as alleged, would constitute a violation of Title VII Sexual Harassment or other discriminatory conduct prohibited by University Antidiscrimination Policies, this Grievance Procedure may continue in accordance with these procedures provided the parties are provided a revised written Notice of Charges reflecting the dismissal and the corrected charge.

If the conduct, as alleged, would constitute a violation of the Student Code of Conduct, the Administrative Officer will inform the Complainant of their right to consult with other University offices for further action. The Administrative Officer will further make available to the Complainant a release to facilitate the transfer of a copy of the formal complaint and any supporting documents.

If the conduct, as alleged, occurred in the employment context, the matter may still subject the employee to disciplinary action, despite the dismissal of a formal complaint alleging prohibited discrimination.

I. Re-Open Formal Complaint. If new information is uncovered or made available after a dismissal, the Administrative Officer may reevaluate the dismissal of a formal complaint. If the Administrative Officer believes that the allegations, if proven, would constitute a violation of the University’s Antidiscrimination Policies, the formal complaint may be re-opened. The parties will be provided appropriate written notice of acceptance of the formal complaint and a rationale explaining why the complaint was reopened and the formal complaint will be processed consistent with these Grievance Procedures.

VIII. INFORMAL RESOLUTION

The parties may voluntarily elect to participate in alternate dispute resolution processes. The parties shall document their decision to participate in Informal Resolution in writing, and if successful, shall document the settlement agreement. Participation in Informal Resolution is not a condition of participation in the Grievance Procedure, a condition of continued employment, or a condition of continued admission, and either Party may withdraw at any time prior to execution of a written resolution agreement. The parties’ voluntary decision to enter into a resolution agreement will halt further processing of the formal complaint although the University may take prevention and/or remedial actions.

In support of forthright communication during conflict resolution processes, information exchanged as part of the alternate dispute resolution process is confidential and not subject to disclosure to the Investigator during the investigation nor to the Hearing Officer during adjudication unless the Investigator and/or Hearing Officer become independently aware of the evidence.

Informal Resolution and all alternate resolution processes contained herein are not available for formal complaints alleging that an employee sexually harassed a student.

The Administrative Officer shall, through consultation with the parties, determine the appropriate method(s) of conflict resolution. The Administrative Officer may serve as the Facilitator. Disclosures made to the Facilitator during alternate dispute resolution processes are confidential and not subject to release except as required in any civil or criminal legal proceeding. The Facilitator or any otherwise identified individual responsible for conducting alternate dispute resolutions processes under this section may not serve as a witness and offer testimony regarding information offered during any alternate dispute resolution process in any proceeding of this Grievance Procedure. Possible processes include:

A. Mediation. Process where the Facilitator helps the parties discuss and try to resolve the issues in dispute. The mediation may or may not start with a joint session, if agreed to by both parties and approved by the Facilitator. The parties will have the opportunity to identify their individual interests and desired outcomes either directly to the other party or through the Facilitator. The Facilitator will assist the parties in finding a mutually acceptable resolution. The Facilitator does not have the authority to make decisions on behalf of the parties.

Mediation may include shuttle diplomacy as a component. Shuttle diplomacy is a process in which the Facilitator assists the parties who do not wish to interact with one another to resolve the dispute. The Facilitator will “shuttle” between the parties and/or groups to find a mutually acceptable resolution. The Facilitator does not have the authority to make decisions on behalf of the parties.

B. Facilitation.Process in which Facilitator assists the parties or groups to define and analyze the issues in dispute, develop alternatives and execute an agreed upon solution. The Facilitator will facilitate consensus building and decision-making to reach resolution. The Facilitator does not have the authority to make decisions on behalf of the parties.

C. Restorative Justice. Process that brings together individuals who were impacted by or affected by a reported incident with those who are responsible for the conduct or believed to be responsible for the conduct. The Facilitator meets in advance with the parties to identify harms, needs and obligations in order to develop an outcome to repair the harm and restore the relationship(s). The Facilitator may use victim surrogates in face-to-face dialogue. The Facilitator does not have the authority to make decisions on behalf of the parties.

D. Neutral Fact Finding. Process where neutral third party reviews the investigative report and exhibits, hears from the parties upon the request of either or both the Fact Finder or parties, and makes a determination of responsibility consistent with University Antidiscrimination Policies and applicable law.

IX. INVESTIGATION

The University bears the burden of gathering evidence sufficient to reach a determination as to whether University Antidiscrimination Policies have been violated. To do so, the University will utilize a trained investigator or investigators to gather and consider evidence. In each matter, the Administrative Officer shall have the authority to appoint a qualified, appropriately trained individual to serve as the Investigator, or Investigators. These individuals will be trained on these policies and procedures prior to initiating an investigation. The Administrative Officer may choose to serve as the Investigator, or to serve as the Lead Investigator alongside other Assistant Investigators. The Administrative Officer may choose to appoint as Investigator someone who is affiliated with the University, someone who is unaffiliated with the University, or a combination of these two categories.

A. Scope of Investigation. The Investigator is authorized and expected to contact any and all individuals with potentially relevant information and access and/or request records or any additional evidence, outside of those legally protected as confidential or privileged, relevant to the allegations raised in the formal complaint. The nature and scope of the investigation is within the discretion of the Investigator.

The Investigator will consider all evidence they deem necessary to complete a prompt, thorough, and impartial investigation, but is not required to interview all witnesses identified by the Complainant or Respondent or to ask every question provided by the Complainant or Respondent. However, in determining whether to interview witnesses or ask particular questions, the Investigator should consider such factors as equity, fairness, and impartial treatment of both parties.

The Investigator has the right to reject or disregard information that is not directly related to the allegations when drafting the investigative report.

B. Conflict of Interest.Parties have the opportunity to raise the issue of a potential conflict of interest within five (5) days of being advised of the identity of the Investigator. The Administrative Officer determine whether a conflict of interest exists. No Investigator or Appellate Officer will make findings or determinations in a case in which they have a conflict of interest.

C. Effect of Criminal Proceedings. The Administrative Officer will not wait for the conclusion of a criminal investigation or criminal proceeding to initiate this Grievance Procedure. The University may undertake a delay to allow evidence collection by a law enforcement agency and to avoid interference with that criminal investigation when criminal charges on the basis of the same behaviors that invoke this procedure are being investigated.

The Administrative Officer will implement appropriate supportive measures during the law enforcement agency’s investigation period to provide for the safety of the Complainant and the campus community and to avoid retaliation. University action will not typically be altered or precluded on the grounds that civil cases or criminal charges involving the same incident or alleged conduct have been filed or that charges have been dismissed or reduced.

D. Participation of the Parties. To the extent permitted by law, the Complainant and Respondent will be afforded the same rights and opportunities throughout the investigation including the right to an investigation free of bias, conflict of interest, stereotypes and consideration of a person’s status as complainant or respondent or on a person’s membership in a protected class as listed in the University Antidiscrimination Policies.

The parties will have the opportunity to respond to and identify and present witnesses, including expert witnesses; to provide information directly related to the allegations, including inculpatory and exculpatory evidence; to participate in any scheduled meeting, proceeding or hearing; and to refuse to participate in any meeting, proceeding or hearing. Failure to participate will not stop the Grievance Procedure.

E. Recordings Prohibited. As a matter of course, the University creates an audio recording of scheduled meetings, interviews and other proceedings during the formal Grievance Procedure. To protect the confidentiality of the process, the personal recording by any person involved in any meeting, interview or other proceeding of this Grievance Procedure is not permitted.

F. Truthful Information. All participants in the investigation are expected to cooperate during the investigation. Participants will not be deemed to have provided false or misleading information if their factual allegations are intended to be truthful and are made in good faith, regardless of whether the conduct complained of is ultimately found to constitute a policy violation. Should a Complainant or Respondent fail to cooperate with the Administrative Officer, the investigation may proceed, a finding may be reached, and sanctions/remedial actions may be imposed based on credible evidence otherwise obtained.

A party or witness who knowingly makes false statements, knowingly submits false information, or knowingly interferes with or hinders an investigation during the Grievance Procedure may be subject to disciplinary actions under the Student Code of Conduct. However, the outcome of the Grievance Procedure and/or any hearing alone is insufficient to show that the party or witness acted in bad faith, or that they knowingly submitted false information or knowingly interfered with an investigation.

G. Timelines. The Grievance Procedure will be completed within a reasonably prompt timeframe. For all formal complaints that do not allege sexual harassment in violation of Title IX, the Grievance Procedure will generally be completed within one hundred twenty (120) days of the receipt of a formal complaint, with days defined as business days, excluding University-recognized holidays and closures.

The following timeline applies to formal complaints alleging sexual harassment in violation of Title IX. The investigative period will ordinarily be completed within one hundred twenty (120) days from the time notice of a formal complaint is delivered to the parties by the Administrative Officer. At the conclusion of the investigative period, the parties will have at least ten (10) days to review the evidence, including inculpatory and exculpatory evidence, and including evidence that may or may not be used at a live hearing, before the investigative report will be finalized. The parties may submit a written response to the evidence to the Administrative Officer before the investigative report is finalized.

No live hearing will be scheduled until at least ten (10) days after the delivery of the written investigative report by the Administrative Officer to the parties. After the conclusion of the hearing, the Hearing Officers will ordinarily deliver the written determination of responsibility to the Administrative Officer, who will deliver it to the parties simultaneously, within ten (10) days. A request for appeal, if any, must be filed with the Administrative Officer within five (5) days of the delivery of the determination of responsibility to the parties. The decision of the Appellate Officer will ordinarily be delivered within fifteen (15) days of receipt of the request for appeal.

Therefore, for a formal complaint alleging sexual harassment in violation of Title IX, the timeframe for the entire Grievance Procedure, from the time that a formal complaint is filed to the time that the determination is affirmed after an appeal, will ordinarily be one hundred seventy (170) days, defined as business days, excluding University-recognized holidays and closures.

Temporary delays or limited extensions of time may be granted by the Administrative Officer for good cause. Good cause may include, but is not limited to, the absence of a party, a party’s advisor or a witness; activity in a pending concurrent law enforcement activity; lack of access to evidence, including documentary, physical, and testimonial evidence; or the need for reasonable accommodation for a disability.

If either the Complainant or Respondent would like to request a delay or extension of time, a written request with a description of the reason(s) should be directed to the Administrative Officer. The Administrative Officer will inform the parties of the request and the decision. If extenuating circumstances are present, the Administrative Officer may decide independently to extend the timeframe for any stage of the Grievance Procedure, and will inform the parties of the decision.

H. Gathering of Evidence. An impartial Investigator will gather evidence to ascertain the facts and circumstances surrounding the allegations of the formal complaint.

The Investigator will timely schedule a meeting/interview with each party after receipt of a formal complaint. The purpose of the meeting is to review the Grievance Procedure, receive any written response to the notice of formal complaint letter, and to interview the parties. The parties are expected to meet with the Investigator, although they may refuse to participate, to respond, or to answer some or all of the questions asked.

The Investigator will provide the parties the same time periods and opportunities in which to participate during the evidence gathering phase. The parties may present witnesses, including fact and expert witnesses, and other evidence. The Investigator may conduct interviews, collect statements, collect documents, collect digital or electronic evidence including but not limited to social media posts, videos, audio or other electronic evidence, collect physical evidence, and collect medical evidence and any other relevant evidence from the parties or other reliable sources.

I. Review of Relevant Evidence. At the conclusion of the investigation, but prior to the completion of the investigative report and recognizing confidentiality laws, the parties and their advisors will be afforded the opportunity to inspect and review any evidence that is directly related to the allegations of the formal complaint, including evidence that may not be relied upon and inculpatory evidence and exculpatory evidence, in either electronic or hard copy format as determined by the Administrative Officer. A copy of this evidence shall also be available for inspection and review at the hearing.

At the conclusion of the investigative period, and prior to the finalization of the written investigative report, the parties shall be informed of the available evidence from the investigation, in the form of an exhibit and witness list. The parties may inspect any of the exhibits identified in the exhibit list that cannot be duplicated, such as clothing. For all evidence that can be duplicated and transmitted, the parties and their advisors shall simultaneously be provided a copy of such evidence. The evidence may be provided electronically or in hard copy format at the discretion of the Administrative Officer, who shall provide the evidence to the parties and their advisors. This evidentiary review period shall occur prior to any live hearing.

The parties will have ten (10) days to submit a written response to the evidence, prior to the finalization of the written investigative report. Upon receiving a written response to the evidence, the Administrative Officer will deliver a copy of it to the other parties and their advisor(s). At the conclusion of this ten (10) day period, the Investigator shall finalize the written investigative report and the Administrative Officer shall deliver it simultaneously to the parties.

J. Investigative Report. The Investigator shall draft an investigative report that synthesizes, analyzes and summarizes all relevant evidence obtained during the investigation. The Investigator will consider any written responses provided by the parties following review of the relevant evidence, and any information relevant to the Hearing Officers’ credibility assessments. The Investigator may conduct further investigation in response to the parties’ written responses.

The Administrative Officer will distribute the investigative report to the parties and their advisors at least ten (10) days before the first scheduled hearing date. The investigative report shall be in hard copy or electronic form, at the discretion of the Administrative Officer.

The parties have the option to respond in writing to the investigative report. If a party elects to respond, the response should be directed to the Administrative Officer. The written response must be delivered no later than ten (10) days after the investigative report is delivered to the parties. The Administrative Officer will then deliver a copy of the written response to the other parties and the Hearing Officers. The Investigator may, at their discretion, supplement the investigative report in response to any written responses submitted by the parties. No further written responses shall be permitted by the parties.

If at any time before the start of the hearing the Administrative Officer becomes aware of new evidence that was not made known to the Investigator or did not exist at the time of the investigation, and which the Administrative Officer believes would substantially alter the outcome of the investigative report, and it would be clearly unreasonable to disregard the new evidence, the Administrative Officer may re-open the investigation. If this occurs, the revised final investigative report shall be distributed to the parties and the parties will have the opportunity to respond. The timelines for such a response will be identical to the initial delivery of the first investigative report.

X. ADJUDICATION

The University bears the burden of proof to reach a determination as to whether University Antidiscrimination Policies have been violated.

A. Title IX Sexual Harassment. This process is required for adjudicating formal complaints alleging Title IX Sexual Harassment, and in situations where there are allegations of both Title IX Sexual Harassment and allegations of other protected status-based discriminatory conduct covered by the University Antidiscrimination Policies. If conduct alleged in a formal complaint could be Title IX Sexual Harassment or a violation of another University antidiscrimination policy, the case will proceed under this adjudication procedure. Formal complaints alleging Title VII Sexual Harassment shall not proceed under this adjudication procedure. If, at the conclusion of the hearing process, a respondent is found not responsible for violating the University’s prohibition on sexual harassment, the Hearing Officers shall determine if the respondent is responsible for violating the University’s general prohibition on harassment defined in Section II., Subsection P. of these policies and procedures. No respondent shall be found responsible for violating both definitions for the exact same conduct.

1. Hearing Officers. The University shall secure a three-member panel of neutral Hearing Officers to hear and decide whether the evidence establishes that a violation of the University’s Antidiscrimination Policies occurred. The Hearing Officers may be affiliated with the University, they may be external personnel who are unaffiliated with the University, or the panel may have a combination of these two categories of affiliation.

The Administrative Officer shall provide the names of the Hearing Officers to the parties when they are given notice of the time and date of the scheduled hearing. Either party may object to the inclusion of one or more proposed Hearing Officers, if the inclusion of these individuals would create a material conflict of interest that is substantially likely to unfairly impact the determination of responsibility after a hearing. This objection must be made within five (5) days of the delivery of the names of the proposed Hearing Officers to the parties. The Administrative Officer shall have the discretion to replace a proposed Hearing Officer based on a party’s objection.

The Hearing Officers shall choose one of their membership to serve as the Presiding Officer during the live hearing. The Presiding Officer shall have the responsibility of assuming the active role of progressing the hearing, enforcing the rules of decorum, controlling questioning of witnesses, and explaining the rationale for excluding testimony or prohibiting certain questions. The Presiding Officer may perform each of these duties after consultation with the two other Hearing Officers. If the policies in this section describe a duty or an activity that can be performed by only one person at a time, and such duty or activity is the responsibility of the Hearing Officers, it shall be carried out by the Presiding Officer, unless they choose to delegate the duty or activity to another Hearing Officer on the panel.

a. Responsibilities and Authority. The Hearing Officers have the authority to:

1) Convene, facilitate, suspend, and postpone the hearing;

2) Set reasonable time periods and time limits for the hearing, but may allow deviations that are fair and equitable;

3) Manage live, oral, direct, real time questioning of parties and witnesses;

4) Determine relevancy of questioning, both direct and cross-examination or follow-up;

5) Determine relevancy and admissibility of statements, documents and other evidence offered;

6) Disclose to the parties in advance of the hearing any bias or conflict of interest known to the Hearing Officer;

7) Remove from the hearing any person, including a party, that violates the standards of decorum and/or is disruptive to the orderly process of the hearing. While it is desirable that the Hearing Officer first provides a warning, it is not required;

8) Call additional witnesses;

9) Question witnesses prior to any questioning from other parties or their advisors;

10) Issue a written determination of responsibility that addresses each allegation of Title IX Sexual Harassment submitted to the hearing panel.

The written determination shall include:

a) Identification of each allegation of prohibited conduct in the formal complaint as defined by the University’s Antidiscrimination Policies and this Grievance Procedure;

b) Description of procedural history including all supportive measures provided to each party, notifications to parties, and appellate actions taken;

c) Findings of fact relevant to the determination(s) of responsibility;

d) Credibility assessments and inculpatory and exculpatory evidence;

e) Statement of rationale for each allegation, including determination of responsibility;

f) Any disciplinary sanctions imposed;

g) Any recommended remedies to preserve or restore Complainant’s access to employment, admission, programs and activities;

h) The permissible grounds and the process for filing an appeal.

2. Hearing Schedule and Option for Virtual Hearing. The hearing will be scheduled as soon as reasonably possible, but no sooner than ten (10) days after the parties receive the final investigative report. The Administrative Officer will notify the parties of the hearing date, time, location and participants in writing with sufficient time for the parties to prepare to participate.

At the request of either party, or at the discretion of the Administrative Officer, the hearing will be conducted using video-conferencing or other distance methods or technology so that the parties are not in the same room simultaneously at any time during the hearing, but can otherwise see and hear the other participants and fully participate in the hearing. The parties and their advisors will be able to see and hear any witness who is providing testimony.

The hearing will be closed to the public.

3. Advisor. The parties must have an advisor present to conduct cross-examination, if they choose to cross-examine any witness. If a party does not have an advisor, a University-provided hearing advisor will be present. If a party elects to not attend the hearing, their advisor may be present and ask questions on their behalf. If the party does not have an advisor, a University-provided hearing advisor will be present to ask questions on the party’s behalf.

A party’s advisor shall have a limited role of offering silent support outside of the context of a live hearing. The parties’ advisors may not answer questions on their behalf, provide testimony or a response to allegations to the Investigator or Administrative Officer, or act as an active advocate on behalf of the parties, including during any scheduled investigative meeting or interview.

The Administrative Officer may communicate with the Hearing Officers throughout the hearing to identify and correct procedural irregularities or deviations from or violations of these policies and the Grievance Procedure. However, a party’s advisor shall not have the right to object during or otherwise disrupt the hearing.

4. Questioning. The Hearing Officer shall allow the advisor to each party the opportunity to ask the parties and other witnesses all relevant questions and follow up questions, including those that challenge credibility. Only relevant cross-examination and other questions may be asked of a party or witness. The Hearing Officer may request the advisor explain the relevancy of any questions. The Hearing Officer shall explain any decision to exclude a question as irrelevant.

Parties may not personally ask questions of the other party. Questions that have been previously asked and answered by the witness should ordinarily not be asked again, and the Hearing Officer shall have the authority to exclude questions as duplicative or redundant: these questions shall be considered irrelevant.

Questions about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

The Hearing Officers will not require, allow or rely on any evidence or questions that are protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.

Questions, including those asked during cross-examination, should be conducted and posed to witnesses in a respectful, non-abusive manner. The parties and their advisors are not permitted to belittle or personally attack the witnesses, and the Hearing Officers maintain the discretion to enforce this requirement during a live hearing, provided that they do so equally for all parties.

5. Witnesses. The Administrative Officer shall inform the parties and the Hearing Officers of the witnesses the University and the parties intend to call for the live hearing. The Hearing Officers may provide the Administrative Officer with the names of any witnesses any of them wish to appear at a hearing. The Administrative Officer will provide witnesses notice of the date, time and location of the hearing. The Parties shall submit a proposed witness list to the Administrative Officer and Hearing Officers at least five (5) days prior to hearing. Inclusion on a witness list does not mean the witness has knowledge of relevant evidence nor that the witness’ testimony will be allowed by the Hearing Officers. Witnesses that elect to not participate in the investigation will not be permitted to participate at a hearing unless permitted, on a showing of good cause, by the Hearing Officers. An active law enforcement investigation or court proceeding alone does not establish good cause.

Persons who do not have any relevant evidence to offer may not participate as witnesses.

6. Standard of Evidence. The Hearing Officers shall apply the preponderance of the evidence standard. Any determination of responsibility must be made by agreement of a majority of the Hearing Officers participating in the Grievance Procedure, but the decision does not have to be a unanimous one.

7. Order of Proceeding. The order of proceeding, along with the written investigative report and any exhibits, should efficiently provide the Hearing Officers with sufficient relevant evidence from which to make a determination while allowing the parties the opportunity to be heard. The order provided below may be modified by the Hearing Officers for good reason.

a. The Hearing Officers shall introduce the case, describe the hearing process to the parties, and identify the witnesses each party intends to question.

b. The Hearing Officers shall read the alleged policy violation(s) and state that it is presumed that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the hearing after applying a preponderance of the evidence standard. The Hearing Officers shall inform the Respondent that if they are found not responsible for violating the University’s prohibition on sexual harassment, they may still be found responsible for violating the University’s prohibition on harassment defined in Section II.P. of these policies and procedures.

c. The Hearing Officers shall allow the Respondent to admit or deny responsibility. If the Respondent admits responsibility, the Hearing Officers shall question the Respondent on each allegation of the formal complaint. If the Respondent admits responsibility for all allegations, the Hearing Officers may proceed to Sanctions. If the Respondent denies responsibility for one or more allegations, the Hearing Officers shall proceed with the rest of these procedures, and shall only proceed to Sanctions when a determination of responsibility has been made for all allegations.

d. The Administrative Officer shall make an opening statement and inform the Hearing Officers of the findings of the final investigative report and identify witnesses that will be offering evidence. The Hearing Officers may question the Administrative Officer about the content of this opening statement, including questions about the content of the investigative report, its findings, and the witness and exhibit lists. The Administrative Officer may use any exhibits available during this statement.

e. The Hearing Officers shall allow the Respondent to make an opening statement, if they so choose.

f. The Hearing Officers shall allow the Complainant to make an opening statement, if they so choose.

g. The Administrative Officer shall present the relevant evidence to the Hearing Officer through credible evidence, including, but not limited to, documents, statements, demonstrative exhibits, and witness testimony. The Administrative Officer shall determine the order of testimony with the intent to present the case in the most efficient manner and avoid redundancy.

h. The Hearing Officers may question the Complainant, if present. At the conclusion of their questioning, the Administrative Officer shall question the Complainant. At the conclusion of the Administrative Officer’s questioning of the Complainant, the Complainant’s advisor may question the Complainant. At the conclusion of the Complainant’s advisor’s questions, the Respondent’s advisor may question the Complainant. The Hearing Officers may then engage in limited additional questioning of the Complainant, or permit the Administrative Officer to do so at their discretion.

i. The Hearing Officers may question the Respondent, if present. At the conclusion of their questioning, the Administrative Officer shall question the Respondent. At the conclusion of the Administrative Officer’s questioning of the Respondent, the Respondent’s advisor may question the Complainant. At the conclusion of the Respondent’s advisor’s questions, the Complainant’s advisor may question the Respondent. The Hearing Officers may then engage in limited additional questioning of the Respondent, or permit the Administrative Officer to do so at their discretion.

j. The Administrative Officer shall call witnesses at their discretion. The Hearing Officers may question each witness. At the conclusion of the Hearing Officers’ questioning of each witness, the Administrative Officer may question the witness. The order in which the parties’ advisors may question the witnesses shall alternate at the conclusion of witness’s testimony. The Complainant’s advisor will be permitted to question the first witness immediately following the Administrative Officer. At the conclusion of the Complainant’s advisor’s questions, the Respondent’s advisor may question the witness. For the next witness who is called, the Respondent’s advisor will be permitted to question the witness immediately following the Administrative Officer. At the conclusion of the Respondent’s advisor’s questions, the Complainant’s advisor may question this witness. The parties’ advisors shall continue alternating in this manner until all of the Administrative Officer’s witnesses have been questioned.

For each witness, at the conclusion of the parties’ advisors’ questions, the Hearing Officers may then engage in limited additional questioning of the witness, or permit the Administrative Officer to do so at their discretion. This process shall continue until all of the Administrative Officer’s witnesses have been questioned.

k. The Respondent may call witnesses from the list of witnesses submitted to the Hearing Officers that have not already been questioned. The Hearing Officers may first question each of these witnesses. At the conclusion of the Hearing Officers’ questioning of these witnesses, the Respondent’s advisor may question the witness. At the conclusion of the Respondent’s advisor’s questioning of the witness, the Administrative Officer may question the witness. At the conclusion of the Administrative Officer’s questioning of each witness, the Complainant’s advisor may question the witness. The Hearing Officers may then engage in limited additional questioning of the witness, or permit the Administrative Officer to do so at their discretion. This process shall continue until all of the Respondent’s witnesses have been questioned.

l. The Complainant may call witnesses from the list of witnesses submitted to the Hearing Officers that have not already been questioned. The Hearing Officers may first question each of these witnesses. At the conclusion of the Hearing Officers’ questioning of these witnesses, the Complainant’s advisor may question the witness. At the conclusion of the Complainant’s advisor’s questioning of the witness, the Administrative Officer may question the witness. At the conclusion of the Administrative Officer’s questioning of each witness, the Respondent’s advisor may question the witness. The Hearing Officers may then engage in limited additional questioning of the witness, or permit the Administrative Officer to do so at their discretion. This process shall continue until all of the Complainant’s witnesses have been questioned.

m. The Administrative Officer shall make a closing statement summarizing the case as submitted to the Hearing Officers, including the testimony and/or other evidence offered during the live hearing.

n. The Administrative Officer shall provide the Hearing Officers with information on the range of appropriate sanctions, mitigating and aggravating circumstances, and comparative data for sanctions imposed for the same or similar discriminatory conduct violation, if available. The Hearing Officers may ask the Administrative Officer questions about the investigative process, findings, and evidence introduced at the hearing, including information regarding sanctions.

o. The Hearing Officers shall close the hearing.

8. Attendance. Attendance at the hearing is not mandatory; however, parties who are provided with written notice of the hearing in a formal request to provide testimony are expected to appear. The Hearing Officers may not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions. The Hearing Officers may consider all relevant prior statements, even if the individuals who made the statements do not appear at the hearing or refuse to answer questions, including during cross-examination. The Hearing Officers maintain the discretion to give each statement the appropriate weight in their judgment.

9. Transcript and Recordkeeping. An audio or audiovisual recording, or transcript of all Title IX Sexual Harassment hearings will be maintained by the University and made available to the parties for inspection and review for seven (7) years from the date of the hearing. No recording devices may otherwise be used during a hearing by anyone present.

10. Confidentiality. The Hearing Officers’ consideration and determination of a formal complaint is confidential. In an effort to prevent incidents of retaliation, the disclosure of the confidential information by University personnel is prohibited. Confidential information includes, but is not limited to, the existence and substance of the formal complaint; the names of the Complainant, Respondent, and witnesses; what is said in a hearing and by whom; the determination of responsibility; and the sanctions imposed. University personnel, including investigation and/or hearing personnel who are otherwise unaffiliated with the University, are prohibited from sharing confidential information. Complainants, Respondents, advisors, and witnesses are encouraged to use discretion in discussing matters pertaining to reports, complaints, and hearings, and they are encouraged to refrain from sharing confidential information. However, they are not restricted from sharing this information, nor are Complainants and Respondents restricted from gathering and presenting relevant evidence or discussing allegations, before or after the conclusion of the Grievance Procedure.

B. Title IX Differential/Disparate Treatment Based on Sex in Admissions, in Employment including hiring, promotion, termination and pay, Title IX Sexual Harassment Retaliation, Title VII Sexual Harassment and Retaliation, and Other Protected Status-Based Discrimination, Harassment, and Retaliation

All formal complaints that do not contain allegations of sexual harassment under Title IX shall follow this procedure. If a complaint alleges conduct that includes both a violation of Title IX and a different violation of the University Antidiscrimination Policies, it shall proceed under the adjudication procedure for Title IX Sexual Harassment. If a complaint does not allege conduct that could constitute a Title IX violation, it shall proceed under this adjudication procedure. Formal complaints alleging violations of Title VII Sexual Harassment shall proceed under this adjudication procedure.

1. Hearing Officers. The University shall secure a three-member panel of neutral Hearing Officers to hear and decide whether the evidence establishes that a violation of the University’s Antidiscrimination Policies occurred. The Hearing Officers may be affiliated with the University, they may be external personnel who are unaffiliated with the University, or the panel may have a combination of these two categories of affiliation. The Administrative Officer shall provide the names of the Hearing Officers to the parties when they are given notice of the time and date of the scheduled hearing. Either party may object to the inclusion of one or more proposed Hearing Officers, if the inclusion of these individuals would create a material conflict of interest that is substantially likely to unfairly impact the determination of responsibility after a hearing. This objection must be made within five (5) days of the delivery of the names of the proposed Hearing Officers to the parties. The Administrative Officers shall have the discretion to replace a proposed Hearing Officer based on a party’s objection.

2. Scheduling.The Administrative Officer will facilitate the prompt scheduling of the hearing. The hearing may be conducted in person or virtually.

3. Investigative Report. At least ten (10) days prior to any hearing, the Administrative Officer shall provide to the Hearing Officers a written report that synthesizes, analyzes, and summarizes the findings of the investigation. The Administrative Officer will provide a copy, either electronic or hard copy, of this report to the Complainant and Respondent prior to the hearing. The Complainant and Respondent may submit a written response to the report if they so choose, but if they do so, the written response must be provided within five (5) days of the delivery of the investigative report by the Administrative Officer. The Hearing Officers shall review the report before any hearing, and consider its content as they make their determination of responsibility.

The investigative report shall include a list of any relevant exhibits that will be submitted to the Hearing Officers. These exhibits shall be made available to the parties for inspection prior to any live hearing.

4. Witnesses. The Administrative Officer may call witnesses, but they are not required to do so. The parties may meet with the Hearing Officers, but they are not required to do so. The Hearing Officers may call witnesses, but they are not required to do so.

The parties will be afforded the opportunity to submit written questions to be answered by the other party or witnesses. The Administrative Officer shall collect these questions from the parties prior to scheduling a live hearing. The Administrative Officer shall provide each party with the other party’s written answers to any questions that are submitted. Each party may ask additional limited follow-up questions to their initial questions, but may not ask new unrelated questions.

At no point will either party pose questions directly to the other party during a live hearing. Instead, all questions must be submitted to and through the Hearing Officer.

5. Advisor.If a party elects to meet with the Hearing Officers during a live hearing, they may have an advisor present to provide support. The advisor is not the party’s representative and may not speak on the party’s behalf. The advisor may or may not be an attorney. At the discretion of the Hearing Officers, an advisor may be removed if the advisor violates the standards of decorum and/or is disruptive to the process.

6. Documents. In general, documents that were not submitted to the Investigator during the University investigation may not be considered during adjudication. The Hearing Officers may grant an exception to permit relevant evidence upon a showing of good cause.

7. Standard of Evidence.The Hearing Officers shall apply the preponderance of the evidence standard.

8. Recording. An audio or audiovisual recording, or transcript of all live hearings will be maintained by the University and made available to the parties for inspection and review for seven (7) years from the date of the hearing. No recording devices may otherwise be used during a hearing by anyone present.

9. Determination.The Hearing Officers shall provide a written decision regarding their determination of responsibility to the Administrative Officer within ten (10) days of hearing. The decision will include the procedural history, sufficient findings of fact, and conclusions of policy applications to support the determination.

The Administrative Officer shall distribute the Hearing Officers’ written decision to the parties simultaneously.

10. Order of Proceeding. The order of proceeding, along with the written investigative report and any exhibits, should efficiently provide the Hearing Officers with sufficient relevant evidence from which to make a determination. The order provided below may be modified by the Hearing Officers for good reason.

a.The Hearing Officers shall introduce the case, describe the hearing process to the parties, if present, and identify the witnesses the Hearing Officers expect to call, if any.

b. The Hearing Officers shall read the alleged policy violation(s) and state that the University presumes the Respondent is not responsible until a determination regarding responsibility is made at the conclusion of the hearing, applying the preponderance of the evidence standard.

e. The Hearing Officers shall call any witnesses if they choose to do so. For each of these witnesses, the Hearing Officers shall first ask the witness questions. At the conclusion of the questioning from the Hearing Officers, the Administrative Officer may ask additional follow-up questions.

f. When the Hearing Officers have concluded calling witnesses, the Administrative Officer may call any additional witnesses. For each of these witnesses, the Administrative Officer shall first ask the witness questions. At the conclusion of the questioning from the Administrative Officer, the Hearing Officers may ask additional follow-up questions.

g. The Administrative Officer shall make a closing statement summarizing the case as submitted to the Hearing Officers, including the testimony and/or other evidence offered during the live hearing.

h. The Administrative Officer shall provide the Hearing Officers with information on the range of appropriate sanctions, mitigating and aggravating circumstances, and comparative data for sanctions imposed for the same or similar discriminatory conduct violation, if available. The Hearing Officers may ask the Administrative Officer questions about the investigative process, findings, and evidence introduced at the hearing, including information regarding sanctions.

i. The Hearing Officers shall close the hearing.

XI. REMEDIES AND SANCTIONS

The remedies and sanctions described in this section shall apply to all formal complaints under these policies and procedures.

A. Remedies for Complainants. For cases where a determination of responsibility has been made against the Respondent following the Grievance Procedure, before the imposition of any disciplinary sanctions or other actions that are not supportive measures against the Respondent, the University may provide remedies to the Complainant. Remedies must be designed to restore or preserve equal access to the University or University-recognized employment, classes, programs or activities. Such remedies may include the same individualized services described as “supportive measures”; however, until the appeals process is complete and sanctions are imposed, the remedies for the Complainant may not be punitive or overly burdensome on the Respondent.

While remedial action will vary based on the circumstances, possible remedial actions for students include retaking examinations or courses, removal of disciplinary actions, refunds or reimbursements per University policies; additional academic support, extension of time, leaves of absence, and relocation on-campus. Possible remedial actions for faculty and staff include non-attendance or distance attendance for meetings, relocation of office space, the removal of disciplinary actions, pay adjustments, schedule/shift changes, and supervisory changes. These listed remedial actions are not exhaustive, and the Administrative Officer is responsible for implementing effective remedies.

B. Sanctions for Students. For cases involving formal complaints or reports made against students, the Hearing Officers shall determine the sanction, taking into account the range of appropriate sanctions, mitigating and aggravating circumstances, and the Respondent’s conduct record. Any sanction imposed shall be proportionate to the violation. Possible sanctions for students include: a letter to the student’s file, removal from programs or activities (residence hall, athletics, recognized student organizations, etc.), mandatory training, probation with or without transcript notation, suspension from the University, expulsion from the University, and suspension from student organizations. Any sanction or disciplinary action that may be imposed in response to a violation of the Student Code of Conduct may be imposed on a student who is found responsible for violating these policies and procedures.

C. Sanctions for Staff. For cases involving formal complaints and reports against staff, the Hearing Officers shall determine the sanction, taking into account the range of appropriate sanctions and mitigating and aggravating circumstances, and the staff member’s disciplinary history. Any sanction imposed shall be proportionate to the violation. The Administrative Officer shall inform the Respondent’s supervisor and/or the cabinet level supervising authority prior to imposition of sanctions. Failure to comply with any discipline or other action issued by the appropriate supervisory authority may be grounds for further discipline.

Possible sanctions for staff for violations of University Antidiscrimination Policies include: verbal reprimands, written reprimands, mandatory trainings, loss of prospective benefits for a period of time, restitution, monitoring of behavior and performance, reassignment of duties, suspension, reduction of hourly/salary compensation for a stated period of time, suspension of “regular” or other increases in salary, reduction of rank, suspension from promotional eligibility, temporary removal, and termination/permanent removal.

D. Sanctions for Faculty. For cases involving formal complaints and reports against faculty, if the Hearing Officers determine that the faculty member violated University Antidiscrimination Policies, the applicable provisions of Chapter 6 of the Board of Governors Code of Policies will be followed. Failure to comply with any discipline or other action issued by the appropriate supervisory authority may be grounds for further discipline.

Possible sanctions for faculty for violations of University Antidiscrimination Policies include: verbal reprimands, written reprimands, mandatory trainings, loss of prospective benefits for a period of time, restitution, monitoring of behavior and performance, reassignment of duties, reduction of salary for stated period of time, suspension of “regular” or other increases in salary, reduction of rank, suspension of promotional eligibility, temporary removal, and termination/permanent removal.

E. Contractors and Visitors. To the extent allowed by law, the University will take appropriate and necessary action to provide a safe and discrimination-free living, learning and work environment. Generally, contractors and visitors are not subject to the Grievance Procedure established in these policies.

F. Sanctions for Organizations. For cases involving formal complaints and reports against organizations, the Hearing Officers shall determine the sanction, taking into account the range of appropriate sanctions and mitigating and aggravating circumstances, and the organization’s disciplinary history. Any sanction imposed shall be proportionate to the violation. Any sanction or disciplinary action that may be imposed on an organization in response to a violation of the Student Code of Conduct may be imposed on an organization who is found responsible for violating these policies and procedures. Note: Organizations cannot be Respondents in Title IX complaints. If a formal complaint alleges conduct that could constitute a Title IX violation, that complaint must be directed at the specific individuals who engaged in the conduct, not the organization. A formal complaint under Title IX filed against an organization will be dismissed. This provision detailing sanctions for organizations is only applicable to a formal complaint that does not include an allegation of Title IX sexual harassment.

XII. APPEAL OF DETERMINATION AND/OR SANCTION(S)

Either the Complainant or Respondent may appeal a determination of responsibility, regardless of the sanction imposed. However, no sanction shall be implemented until the appeals process has been completed, or, if no appeal is requested, until the timeline to request an appeal has passed. The process for appealing a sanction or determination of responsibility shall generally mirror the process for appealing the dismissal of a formal complaint.

A. Basis. Either party may submit a written appeal of the determination of responsibility or of the sanction, or both, based on the following grounds for appeal:

Procedural irregularity or deviation that materially affected a dismissal determination or the outcome of the Grievance Procedure; or
New evidence that was not known to the party or not available at the time of the determination that could reasonably affect the dismissal determination or the outcome of the Grievance Procedure; or
The Administrative Officer or Hearing Officer acted upon a conflict of interest or bias to the benefit or detriment of the Complainant or Respondent and that affected the dismissal determination or the outcome of the Grievance Procedure; or
The sanctions are inconsistent with the range of appropriate sanctions, taking into account mitigating and aggravating factors, and the Respondent’s conduct or disciplinary record.

B. Requests for Appeal. The written request for appeal must be must be received by the Administrative Officer within five (5) days of the date the written determination of responsibility was sent to the parties. The written appeal must clearly state the basis for the appeal. The appeal should be directed to:

The President shall appoint a cabinet level supervisory authority to serve as the Appellate Officer to evaluate appeals of determinations of responsibility and/or sanctions.

C. Review of the Request for Appeal. The Appellate Officer will make an initial review of the appeal request(s). The original determination of responsibility and sanctions are presumed to have been decided reasonably and appropriately. When any party requests an appeal, the other party will be notified. The party requesting an appeal must show that the grounds for an appeal request have been met, and the other party or parties may respond in writing to show the grounds have not been met. The non-appealing party must submit this written response within five (5) days of receiving the request for appeal. The Appellate Officer will then review the request for an appeal to determine whether:

The request is timely; and
The appeal is on the basis of any of the four articulated “Grounds for Appeal” listed above; and
The request clearly states the basis for the appeal; and
When viewed in the light most favorable to the appealing party, the appeal states grounds that could result in an adjusted determination of responsibility or sanction.

The Appellate Officer will reject the request for appeal if all four of the above are not met. Such a decision is final.

D. Decision on Appeal. If all four requirements for appeal listed above are met, the Appellate Officer will accept the request for appeal and proceed with rendering a decision on the appeal applying the following additional principles:

Decisions by the Appellate Officer are to be deferential to the original decision, making changes to the determination of responsibility only where there is clear error, and to a sanction or remedial action only if there is a compelling justification to do so.
Appeals are not intended to be full re-hearings of the formal complaint. In most cases, appeals are confined to a review of the written determination and evidence. Appeals granted based on new evidence should normally be remanded to the Hearing Officers for reconsideration. The substance of an appeal should be evaluated by the Appellate Officer in the light most favorable to the non-appealing party. Even if the Appellate Officer may have made a different decision than the Hearing Officers, if the decision of the Hearing Officers was not made in error based on one of the four articulated “Grounds for Appeal” listed above, their decision(s) shall stand.
Sanctions shall not be implemented until the final decision on appeal has been issued by the Appellate Officer, or, if no appeal is requested, when the deadline to request an appeal has passed.
The Appellate Officer may communicate with the Hearing Officers or Administrative Officer regarding any questions the Appellate Officer has about the live hearing or procedures leading to the determination of responsibility. These conversations, if they occur, will be audio recorded, audiovisual recorded, or transcribed, and the recording or transcript shall be maintained by the University for seven (7) years after the Appellate Officer’s written determination is delivered to the parties.
Absent extenuating circumstances, the decision of the Appellate Officer will ordinarily be issued within fifteen (15) days from the date of receipt of the request for appeal. If this timeline is extended, the Complainant and Respondent will be notified of the extension and the reason for the extension in writing. The decision of the Appellate Officer is final.
When a decision from the Appellate Officer is provided to the Administrative Officer, the Complainant and the Respondent will be simultaneously notified in writing of the result of the appeal and any changes in the determination of responsibility or the sanction(s) or other action(s) imposed.

Once an appeal is decided, the outcome is final. Further appeals are not permitted. The University will maintain documentation of these procedures alongside any other records it is required to maintain from the proceedings.

XIII. WITHDRAWAL PRIOR TO RESOLUTION

Should a Respondent decide to withdraw as a student or resign as an employee from the University and not participate in the Grievance Procedure, these procedures may proceed in the Respondent’s absence. The University will continue to direct all communication to the Respondent at the Respondent’s University-issued email, if active. If the Respondent is an employee whose University-issued email address has since been deactivated, the University will direct all communication to the Respondent’s last address on file with the University, unless the Respondent requests in writing to receive communication in another format, and such request is agreed to by the Administrative Officer.

XIV. RETALIATION

Retaliatory action of any kind against any individual as a result of a person’s exercise of their right and privilege to make a report, testify, assist, participate or refuse to participate in the Grievance Procedure and applicable University Antidiscrimination Policies is prohibited. Retaliatory action shall be regarded as a separate and distinct harm for formal complaint under these policies and will be cause for sanctions.

Protection from retaliatory action under the University Antidiscrimination Policies is extended to any individual who has made a report of discrimination, any Complainant, any individual who has been reported as being the perpetrator in an incident/event of discrimination, any Respondent, any witness and any other individual who participates or who refuses to participate in any investigation, proceeding or hearing.

XV. TRAINING

The Administrative Officer, advisors, facilitators, investigators, Hearing Officers, and Appellate Officers will receive training on the definition of discrimination and sexual harassment, the scope of University programs and activities, how to conduct an investigation, the University Grievance Procedure including hearings, appeals and informal resolution, and the identification and avoidance of conflict of interest, bias, stereotyping, and flawed prejudgment.

XVI. RIGHTS OF THE PARTIES

A. To be treated with dignity, courtesy and respect;

B. To be free of any prejudgment or pre-determination of fault or responsibility;

C. To describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat the incident;

D. To be free from retaliation;

E. To request reasonable supportive and protective measures;

F. To have sufficient information to make a reasoned decision of whether or not to make a report with the University and/or to make a report with law enforcement;

G. To participate in a process that is fair, impartial and provides adequate notice and a meaningful opportunity to be heard;

H. To have an advisor of their choice accompany them to all interviews, meetings, and proceedings throughout the Grievance Procedure, although the role of the advisor is limited to silent support outside of cross-examination during a live hearing for a formal complaint alleging Title IX sexual harassment;

I. To have an equal opportunity to present a list of potential witnesses and provide evidence and have timely and equal access to information throughout the Grievance Procedure, to the extent permitted by this procedure and applicable law;

J. To expect that credibility assessments will be conducted in a neutral and unbiased manner;

K. To expect that the names of the parties and witnesses, the existence and substance of the report of discrimination, the findings and sanctions imposed remain confidential, to the extent permitted by this procedure and applicable law;

L. To be informed of the findings and sanctions consistent with this Grievance Procedure and applicable law;

M. To reasonable accommodations during any meeting or proceeding under these Grievance Procedures if the party has a disability; and

N. To receive any supportive measures and services available regardless of whether a formal complaint is ever filed and regardless of whether a report is ever made to law enforcement employ

Last update: 04-27-23

Institutional Compliance Office