Complaint Reporting & Resolution Procedure

NON-DISCRIMINATION COMPLAINT REPORTING AND RESOLUTION PROCEDURE

I.     GENERAL

As set forth in the University Notice of Non-Discrimination Notice, University Sexual Harassment Policy, the University Non-Discrimination Policy, Truman State University prohibits discrimination and harassment on the basis of age, color, disability, national origin, race, religion, sex (including sexual harassment, sexual misconduct, gender, and/or pregnancy), sexual orientation or veteran status in all programs and activities of the University. The University will act on reported incidents or information, or formal complaints of prohibited discrimination.

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 based on protected status, sexual harassment, and retaliation by or against members of Truman’s community, is not protected expression nor the proper exercise of academic freedom.  Truman 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 Antidiscrimination Policies.  It further sets forth the rights and obligations of students, faculty, staff, contractors, and visitors 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,” the “Non-Discrimination Complaint Reporting and Resolution Procedure,” 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 Relationship;  and Section 10.020-Equal Employment Opportunity/Affirmative Action Program.

B.     Prohibited Discrimination. Discrimination or harassment on the basis of age, color, disability, national origin, race,  religion, sex (including sexual harassment, sexual misconduct, gender, and/or pregnancy), sexual orientation, or veteran status in all University employment, classes, programs and activities  or retaliation against a person for exercising their right and privilege to make a report, testify, assist, participate or refuse to participate under the applicable procedures secured by the University’s Antidiscrimination Policies.

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.

D.     Administrative Officer. The Administrative Officer is a trained administrator designated by the President or designee 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 is located at:

Ryan Nely
Administrative Officer
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 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 or designee 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.     To Coerce. 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. 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 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.

Someone who is incapacitated cannot offer consent.  Consent is not effective if it is:

1. 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;
2. Given by a youth whose age is under the statutory age of consent;
3. 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; and
4. Induced by force, coercion, duress or deception

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

M.     Disability Accommodations. A qualifying party has the right to reasonable accommodations during any meeting or proceeding under this Grievance Procedure.

N.     Dismissal of Formal Complaint. Action taken by Administrative Officer following receipt and review of a formal complaint when alleged conduct, if true, does not appear to violate University Antidiscrimination Policies.

O.     Evidence. Any information, including testimony, that is directly related to the allegations raised in the formal complaint. 

P.     Evidence Review. The parties will have the opportunity to inspect and review all evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint.  This includes evidence which will not be relied upon in reaching a determination regarding responsibility and inculpatory and exculpatory evidence whether obtained from a party, witness or other source.

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

R.     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.

S.     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.

T.     Gender Based Harassment. Verbal, written, physical or electronic conduct based on sex, sex-stereotyping, sexual orientation or gender identity, but not involving conduct of a sexual nature, when such 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 or learning environment.

U.     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 and involuntary use of alcohol or sedatives or “date-rape” drugs or other drugs.

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

V.     Inquiry. Action taken by the Administrative Officer to gather information in advance of accepting, initiating, or dismissing 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.

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

X.     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; 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, conflict of interest, stereotypes and prejudgment based on a person’s status as Complainant, Respondent or witness or on a person’s membership in a protected class as listed in the University Antidiscrimination Policies.

Y.     Make A Report. Making a report is different from filing a formal complaint.  A report is notification of an alleged incident of discrimination based on protected status including sexual harassment.   Reports may be made in person or at any time by mail, by telephone, by online portal https://titleix.truman.edu/make-a-report/  or by email to titleix@truman.edu.

Z.     Parties. The identified Complainant and Respondent in a formal complaint.

AA.     Presumption of Credibility. The Complainant is presumed to be credible having candidly offered their interpretation of the conduct and/or incident in good faith.

BB.     Presumption of No Violation. The Respondent is presumed to not be responsible for the alleged conduct until a final determination of responsibility has been made at the conclusion of the Grievance Procedure.

CC.     Record of Proceeding. Written, physical, audio and/or video materials including, but not limited to letters/email to parties; investigative report; interviews; relevant credible evidence and exhibits submitted at hearing; written determination containing finding of responsibility for each alleged policy violation with rationale, sanction(s), remedy(s); and requests for appeal with decision(s), and the recording or transcript of all hearing(s).

DD.     Remedy. Action taken to restore or preserve Complainant’s equal access to University employment, classes, programs and activities following a determination that Respondent  was responsible for violating University Antidiscrimination Policies.

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

FF.     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.

GG.     Sexual Harassment. Sexual harassment is a form of sex discrimination.  There are two types of sexual harassment, 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.

1. 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:

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.

HH.     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.

II .     University-Provided Hearing Advisor. Individual selected and trained by the University to be present at the live hearing if either party does not otherwise have an advisor present and to conduct cross-examination, meaning to ask relevant questions and follow-up questions to either or both parties, and witnesses.  There is no fee or charge to the party.   If the party is present, the University-Provided Hearing Advisor should consult with the party during questioning.  If the party is not present, the University-Provided Hearing Advisor shall ask questions relevant to the allegations and for the purpose of   assisting and advancing the party’s interest.  The University cannot guarantee that University-Provided Hearing Advisors will possess equal advisory skills and abilities as a party selected advisor who is an attorney and the University is not obligated to engage an attorney as an advisor to a party.

JJ.     Witness. 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 and Privacy Personnel, who become aware of a potential violation of University Antidiscrimination Policies in the course and scope of their employment are Mandated Reporters.

C.     Require Reporting. 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.

D.    Confidential Reporter. Employees and contractors of the University that have a legal obligation or privilege of confidentiality (including health care providers, counselors, lawyers) 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.

E.      Privacy Personnel. Consistent with the law, the University may designate non-professional counselors and advocates as “Confidential Reporters” for purposes of effectuating the purposes of this Procedure.   The University has identified individuals that provide peer support at the Women’s Resource Center as Privacy Personnel.

F.     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:

1. Assess the immediate safety needs of the Complainant;
2. 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;
3. Assess the need to implement other supportive and protective measures;
4. Explain the Grievance Procedure and process to file a formal complaint;
5. Provide the Complainant contact information for local law enforcement and, if requested, assist the Complainant with contacting local law enforcement;
6. Consider the Complainant’s wishes with respect to the outcome.

B.     Timely Warning. The Administrative Officer or designee 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. 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/PROTECTIVE/REMEDIAL MEASURES

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, protective or remedial measures.

A.     Supportive Measures. The Administrative Officer or designee 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 education program or activity or to protect the safety of the parties and/or the campus community or to stop sexual harassment. Supportive measures shall be offered before or after filing a formal complaint or 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 and supportive measures shall not unreasonably burden the other party.  Supportive measures include, but are not limited to the following:

1. Referral to counseling and medical services;
2. Referral to advocacy and support services on and off-campus;
3. Limiting and/or scheduling access of individual buildings;
4. Limiting and/or scheduling access to programs, activities and organizations;
5. Access to escort service or other transportation to allow movement safely between classes, buildings and campus activities;
6. Mutual no-contact order;
7. Campus no-trespass order;
8. Increased security and monitoring in areas of campus;
9. Adjust class or work schedule, methods of participation in campus activities to minimize interactions between parties and witnesses;
10. Academic support, such as extensions of deadlines, flexibility in exam or other course-related adjustment;
11. Changes in work location;
12. Adjust line of supervision and/or reporting line;
13. Leaves of absence;
14. Adjustment or modifications to work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities and/or work arrangements of Complainant and/or Respondent;
15. Relocating or altering the on-campus housing and dining assignments, dining arrangements, or other campus services for Complainant and/or Respondent; and
16. Adjustment to extracurricular activity schedules.

B.     Protective Measures. The Administrative Officer shall provide protective measures, as necessary and appropriate, to protect the safety of the parties and/or the campus community.   Protective measures include, but are not limited to the following:

1. Mandatory corrective training;
2. Restrictions on movement;
3. Mutual or one-way no-contact order;
4. Campus no-trespass order;
5. Referral to court system for Ex Parte Order;
6. Increased security and monitoring in areas of campus;
7. Change in work location;
8. Adjust line of supervision and/or reporting line;
9. Leave of absence; and
10. Reassignment.

C.     Emergency Removal. The Administrative Officer may, on emergency basis, remove a Respondent from 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.

1. 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 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 sexual harassment contained in the formal complaint; and/or
f. Safety of any student or individual as a result of the allegations of sexual harassment contained in the formal complaint.

2. 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.

3. In cases where the Respondent is a campus/student organization, 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.

D.     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.

E.     Confidentiality. The provision of supportive, protective and remedial measures is confidential.  In an effort to prevent incidents of retaliation, the disclosure of the identity of any individuals who are involved in or recipients of supportive, protective and remedial measures 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, and what measures are provided and to whom.

VI.     TAKE AND NOTICE

A.     Formal Complaint.   Formal complaints must be filed with the Administrative Officer.  The formal complaint may be filed in person, by mail, by email to titleix@truman.edu or through the online portal https://titleix.truman.edu/make-a-report/ at any time of day, including during non-business hours using the contact information for the Administrative Officer.

 The Administrative Officer has the 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 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 of Charges to the known parties.   The Notice shall include the following information:

1. 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);
2. A description and copy of the Grievance Procedure, including Informal Resolution;
3. 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;
4. 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;
5. A statement that the Complainant is presumed to be have acted in good faith;
6. 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;
7. 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;
8. A statement that the University prohibits the personal recording, both video and audio, of meetings, interviews, and all proceedings under this Grievance Procedure;
9. A statement that the University will direct all correspondence to the Parties’ University-issued email accounts; and
10. 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 XI Sexual Harassment, either upon initial review or during the course of the investigation, the Administrative Officer shall dismiss the formal complaint if:

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

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

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

C.     Dismissal of 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 Protected-Status and Retaliation Discrimination and Harassment

For formal complaints alleging 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 protected-status and retaliation discrimination and harassment, either upon initial review or during the course of the investigation, the Administrative Officer may dismiss the formal complaint if:

1. The conduct, as alleged, does not meet the definition of discrimination pursuant to University Antidiscrimination Policies;
2. The Respondent is no longer enrolled or employed by the University;
3. The Complainant requests in writing to withdraw or dismiss a formal complaint or any allegations, therein;
4. 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. 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:

1. Procedural irregularity or deviation that materially affected dismissal determination; or
2. 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
3. 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 President shall appoint a cabinet level supervisory authority to serve as the Appellant 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. The written appeal must be received by the Administrative Officer within five (5) days of the date the Notice of Dismissal was sent.  The appeal should be directed to:

Ryan Nely
Administrative Officer
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

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:

1. The request is timely, and
2. The appeal is on the basis of any of the three articulated “Grounds for Appeal” listed above, and
3. When viewed in the light most favorable to the appealing party, the appeal states grounds that warrant acceptance of the formal complaint.

The Appellate Officer will reject the request for appeal if all three 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 Conduct Code, 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.

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 will 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 to formal complaints alleging that an employee sexually harassed a student as defined in Section II, Definitions, Title IX Sexual Harassment.

The Administrative Officer or designee 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.  Most times, the mediation will start with a joint session.  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.

B.     Shuttle Diplomacy. Process in which 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.

C.     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.

D.     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.

E.     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.

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 or designee will determine whether a conflict of interest exists.  No Investigator or Appellate Officer will make findings or determination in a case in which they have a conflict of interest.

C.      Effect of Criminal Proceedings. In accordance with federal law, 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 short delay (several days to weeks) 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 and protective 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.    Recording Prohibited. As a matter of course, the University creates an audio recording of scheduled meetings, interviews and other proceedings.  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.

G.     Timelines. The investigation will ordinarily be completed within (60) days from the time a formal complaint is received by the Administrative Officer.

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; 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 sixty (60) day time frame, and will inform the Complainant and Respondent of the decision.

H.     Gather 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.   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 during the evidence gathering.  The parties may present witnesses, including fact and expert witnesses, and other evidence.  The Investigator may conduct interviews, collect statements, collect documents, collect social media, video, audio and electronic evidence, collect physical evidence, 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 be available for inspection and review at hearing.  The parties will have ten (10) days from the last date of review of the evidence to submit any new or additional documentation, evidence or written response.

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 the written responses provided by the parties following review of the relevant evidence, and any 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.

The parties have the option to respond to the investigative report.  If a party elects to respond, the response should be directed to the Administrative Officer and, if known, the Hearing Officer.

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 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.

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 Title IX Sexual Harassment formal complaints and in situations where there are allegations of both Title IX Sexual Harassment and allegations of other protected status discriminatory conduct covered by the University Antidiscrimination Policies.

1. Hearing Officer.   The University shall secure a neutral Hearing Officer to hear and decide whether the evidence establishes that a violation of the University Sexual Harassment Policy occurred.  The Hearing Officer shall not be affiliated with the University.
The parties will be provided a list of five individuals from a pool of Title IX Sexual Harassment trained mediators and arbitrators experienced in conducting hearing from which to select a single Hearing Officer.   The parties will have ten (10) days from the date they receive written notice to utilize a striking process to select a single Hearing Officer.  The parties shall each strike names alternately from the list, with the first to strike being from the Complainant.  After each party has used two strikes, the remaining name on the list shall be the Hearing Officer.  If such person is unable to serve for any reason, the parties shall repeat this process until a Hearing Officer is selected.

a. Responsibilities and Authority. The Hearing Officer is responsible and has 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 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 witnesses;
9) Issue written determination of responsibility that addresses each allegation of Title IX Sexual Harassment submitted to the tribunal.  The written decision shall include:

a) Identification of each allegation of Title IX Sexual Harassment as defined by the University Sexual Harassment Policy 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.

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, the hearing will be conducted using video-conferencing or other distance method 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 hearing participants and fully participate in the hearing.

The hearing will be closed to the public.

3. Advisor. The parties may have an Advisor present to conduct cross-examination.  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 and will ask questions on the party’s behalf.

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 about the 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 Officer will not require, allow or rely on any questions or evidence that is protected under a legally recognized privilege unless the person holding the privilege has waived the privilege.

5. Witnesses. The Administrative Officer shall inform the parties and the Hearing Officer of the witnesses the University and the parties intend to call for the live hearing. The Administrative Officer will provide witnesses notice of the date, time and location of the hearing.  Witnesses are compelled to appear at hearing, but are not required to offer testimony.The Parties shall submit a proposed witness list to the Hearing Officer 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 Officer.   Conversely, absence from the list does not negate a party’s right to offer a witness in response to evidence offered at hearing.Witnesses that elect to not participate in the investigation will not be permitted to participate at hearing unless permitted, on a showing of good cause, by the Hearing Officer.   An active law enforcement investigation or court proceeding 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 Officer shall apply the preponderance of the evidence standard.

7. Order of Proceeding.  The order of proceeding should efficiently provide the Hearing Officer 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 Officer for good reason.

a. The Hearing Officer shall introduce the case, describe the hearing process to the parties, and identify the witnesses each party intends to question.
b. The Hearing Officer 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.
c. The Hearing Officer shall allow the Respondent to admit or deny responsibility. If the Respondent admits responsibility, the Hearing Officer shall question the Respondent on each allegation of the formal complaint.  If the Respondent accepts Responsibility for all allegations, the Hearing Officer may proceed to Sanctions.
d. The Administrative Officer shall make an opening statement and inform the Hearing Officer of the findings of the final investigative report and identify witnesses that will be offering evidence.
e. The Hearing Officer shall allow the Respondent to make an opening statement.
f. The Hearing Officer shall allow the Complainant to make an opening statement.
g. The Administrative Officer shall present the relevant evidence to the Hearing Officer through credible evidence, including, but not limited to documents, statements supported by witness testimony, and other 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 Administrative Officer shall question the Complainant, if present. At the conclusion of the Administrative Officer’s questioning of the Complainant, the Respondent’s Advisor may question the Complainant.  At the conclusion of Respondent’s Advisor’s cross-examination, the Complainant’s Advisor may question the Complainant.
i. The Administrative Officer shall question the Respondent, if present. At the conclusion of the Administrative Officer’s questioning of the Respondent, the Complainant’s Advisor may question the Respondent.  At the conclusion of Complainant’s Advisor’s cross-examination, the Respondent’s Advisor may question the Respondent.
j. The Administrative Officer shall call and question witnesses that provided statements or other evidence during the investigation. At the conclusion of the Administrative Officer’s questioning of each witness, the Complainant’s Advisor may question the witness.  At the conclusion of Complainant’s Advisor questioning the witness, the Respondent’s Advisor may question the witness.  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 Officer that have not already been questioned. At the conclusion of the Respondent’s Advisor’s questioning of a witness, the Complainant’s Advisor may question the witness.   At the conclusion of Complainant’s Advisor’s cross-examination, the Administrative Officer may question the witness.
l. The Complainant may call witnesses from the list of witnesses submitted to the Hearing Officer that have not already been questioned. At the conclusion of the Complainant’s Advisor’s questioning of a witness, the Respondent’s Advisor may question the witness.   At the conclusion of Respondent’s Advisor’s cross-examination, the Administrative Officer may question the witness.
m. The Administrative Officer shall provide the Hearing Officer with information on range of appropriate sanctions, mitigating and aggravating circumstances, and comparative data for sanctions imposed for the same or similar discriminatory conduct violations.
n. The Hearing Officer shall close the hearing.

8. Attendance. Attendance at the hearing is not mandatory, however if a party or witness does not appear or declines to submit to cross-examination, the Hearing Officer is barred from relying on any prior statement.  The Hearing Officer may not draw an inference from the absence of a party to submit to questioning at hearing.

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

10. Confidentiality. The Hearing Officer’s consideration and determination of a formal complaint is confidential.  In an effort to prevent incidents of retaliation, the disclosure of the confidential information 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 hearing and by whom; the finding of determination of responsibility; and the sanctions imposed.  Complainants, Respondents, witnesses, and advisors are encouraged to use discretion in their sharing of information about the Grievance Procedure, but Complainants and Respondents are not restricted from discussing the allegations or gathering and presenting relevant evidence.

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, Protected-Status and Retaliation Discrimination and Harassment

1. Appointment and Challenge. A neutral Hearing Officer shall be appointed who shall hear and reach a determination of responsibility.  The Hearing Officer shall not be affiliated with the University.  The Administrative Officer shall inform the parties of the identity of the Hearing Officer.  The parties will be afforded the opportunity to challenge the impartiality or independence, including any bias or personal interest within five (5) days of notice of the appointment.  The challenge must specifically identify the nature of the challenge.   Failure to timely challenge the appointment constitutes a waiver.

2. Scheduling. The Administrative Officer will facilitate the prompt scheduling of the hearing.  The hearing may be conducted in person or virtually, but at no time will either party pose questions directly to the other party.  Rather, all questions shall be submitted to and through the Hearing Officer.

3. Witnesses. The Administrative Officer may call witnesses, but it is not necessary. The parties may meet with the Hearing Officer.  The Hearing Officer may call witnesses for the purpose of ascertaining credibility.

The parties will be afforded the opportunity to submit written questions to be answered by the other party or witnesses.  The Administrative Officer shall provide each party the written answers.  Each party may ask additional limited follow-up questions to their initial questions, but may not ask new unrelated questions.

4. Advisor. If a party elects to meet with the Hearing Officer, 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 Officer, an Advisor may be removed if the Advisor violates the Standards of Decorum and/or is disruptive to the process.

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

6. Standard of Evidence. The Hearing Officer shall apply the preponderance of the evidence standard.

7. Recording. The proceedings will be audio recorded.  To protect the confidentiality of the process and privacy of individuals involved, no other participants or attendees are permitted to record the hearing.  A party may request to review this recording at any time during the seven (7) years following creation.

8. Determination. The Hearing Officer shall provide a written decision 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 and law to support the determination.  The determination will be no more than 10 pages in length, excluding any attached exhibits.

The Administrative Officer shall distribute the written Hearing Officer’s Determination of Responsibility to the parties simultaneously.

XI.     Remedies and Sanctions

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 University or University-recognized employment, classes, programs or activities. Such remedies may include the same individualized services described as “supportive measures”; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.

While remedial action will vary based on the circumstances, possible remedial actions for students include retaking examination or course, removal of disciplinary action, refund or reimbursement per University policies; additional academic support, extension of time, leave of absence, relocation on-campus.  Possible remedial actions for faculty and staff include non-attendance or distance attendance for meetings, relocation of office space, removal of disciplinary action, pay adjustment, schedule/shift change, and supervisory change.  These listed remedial actions are not all-inclusive 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 Officer shall determine the sanction taking into account the range of appropriate sanctions, mitigating and aggravating circumstances, and the Respondent’s conduct record. Sanctions could include letter to file, removal from program or activity (residence hall, athletics, etc.), mandatory training, probation with or without transcript notation, suspension from the University, expulsion from the University, and suspension from student organization.

C.     Sanctions for Staff. For cases involving formal complaints and reports against staff, the Hearing Officer shall determine the sanction taking into account the range of appropriate sanctions and mitigating and aggravating circumstances, and the staff member’s disciplinary history.  The Administrative Officer shall inform the Respondent’s supervisor and/or the cabinet level supervising authority or both 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 reprimand, written reprimand, mandatory training, loss of prospective benefit for a period of time, restitution, monitoring of behavior and performance, reassignment of duties, suspension, reduction of hourly/salary for stated period of time, suspension of “regular” or other increase 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 Officer determines 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 reprimand, written reprimand, mandatory training, loss of prospective benefit for a period of time, restitution, monitoring of behavior and performance, reassignment of duties suspension, reduction of salary for stated period of time, suspension of “regular” or other increase in salary, reduction of rank, suspension of promotional eligibility, temporary removal, and termination/permanent removal.

E.     Sanctions for 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.  Possible sanctions include, but are not limited to verbal or written warning, cancellation of contract, prohibition from events or buildings, and prohibition from campus.

XII.     Appeal of Determination and/or Sanction.

Either the Complainant or Respondent may appeal a determination of responsibility, regardless of the severity of the sanction.

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:

1. Procedural irregularity or deviation that materially affected dismissal determination; or
2. 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
3.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
4. The sanctions are inconsistent with the range of appropriate sanctions, taking into account mitigating and aggravating factors, and the Respondent’s conduct record.

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

Ryan Nely
Administrative Officer
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

The President shall appoint a cabinet level supervisory authority to serve as the Appellant Officer to evaluate appeals of determinations of responsibility.

C.     Review of the Request for Appeal. The Appellate Officer will make an initial review of the appeal request(s). The original determination and sanctions/remedial actions 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 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:

1. The request is timely, and
2. The appeal is on the basis of any of the four articulated “Grounds for Appeal” listed above, and
3. When viewed in the light most favorable to the appealing party, the appeal states grounds that could result in an adjusted sanction/remedial action.

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

D.     Decision on Appeal. If all three 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:

1. Decisions by the Appellate Officer are to be deferential to the original decision, making changes to the finding only where there is clear error and to a sanction/remedial action only if there is a compelling justification to do so.
2. 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 Officer for reconsideration.
3. Sanctions/remedial actions imposed are implemented immediately unless the Appellate Officer stays their implementation pending the outcome of the appeal.
4. Absent extenuating circumstances, the decision of the Appellate Officer will ordinarily be issued within 14 days from the date of receipt of the 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.
5. For appeals involving formal complaints of Title IX Sexual Harassment, the Complainant and the Respondent will be simultaneously notified in writing of the result of the appeal and any changes in the sanction(s) or other action(s) imposed. For appeals involving all other Complaints or reports of discrimination or harassment, the Complainant and the Respondent will be notified in writing of the result of the appeal and any changes in the sanction(s) or other action(s) imposed.  The exception to this is if sanctions are modified, the Complainant will only be notified if the changes directly relate to the Complainant.

Once an appeal is decided, the outcome is final. Further appeals are not permitted.  The University will maintain documentation of these procedures.

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.

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 whether or not to make a report with the University and/or to make a report with DPS, local law enforcement and/or state police;
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;
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. J. The right 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 to remain confidential, to the extent permitted by this procedure and applicable law; and
L. To be informed of the findings and sanctions consistent with this Grievance Procedure and applicable law.