REPORT OF DISCRIMINATION OR SEXUAL MISCONDUCT
When OEO/Title IX becomes aware of an incident of discrimination or sexual misconduct, the office immediately begins to explore the issue further to determine the appropriate steps to take based upon the information reported.
PROVIDE SUPPORTIVE MEASURES
OEO/Title IX immediately connects individuals with information about supportive measures, resources and information about filing options, including how to file a formal complaint with OEO/AA and law enforcement, if applicable.
PRELIMINARY REVIEW
Upon gathering more information about the incident, OEO/Title IX will assess whether it has a duty to warn the campus community and/or take other actions, as necessary.
COMPLAINT FILED
After an initial review, OEO/Title IX will determine whether the complaint states sufficient facts demonstrating that a violation of university policy may have occurred. If the complaint states facts that, if proven, would be a violation of the discrimination policy, an investigation will move forward. If not, the complaint will be dismissed.
A complaint dismissal may be appealed to the Chief Human Resources Officer for employees and students, or to the Customer Services Director for University Hospitals and Clinics when a complaint is filed by a patient, who will either agree or disagree with the initial decision. If this person disagrees with OEO/Title IX, the case will be remanded back to OEO/Title IX for investigation.
NOTICE OF INVESTIGATION
When an investigation begins, notice is provided to the person against whom the complaint is filed (the "Respondent") as well as the cognizant university vice president over the Respondent and any other university administrators who have a business need-to-know.
INTERVIEWS AND EVIDENCE GATHERING
OEO/Title IX will interview the complainant and respondents separately, interview witnesses, gather documents, and other evidence.
OEO DRAFT REPORT
Once the investigation is completed, OEO/Title IX will draft a report that is shared with the parties involved. The parties have ten (10) days to submit a response and/or additional information.
From the time a complaint is accepted for investigation to the time the report is drafted, OEO/Title IX will endeavor to complete the investigation within 60 calendar days.
OEO REPORT
In cases alleging Sexual Misconduct, OEO will issue a recommendation of whether or not a policy violation has occurred. The determination about whether a policy was violated will be determined in a hearing (see Hearing).
In cases alleging other types of discrimination, OEO will issue a finding of whether or not a policy violation has occurred.
Findings and/or recommendations are shared with the Complainant, Respondent(s), the cognizant vice president over the Respondent(s), and may also be shared with Human Resources, Office for Faculty, and/or the Office of the Dean of Students.
The OEO report will have one of two outcomes:
CAUSE - this means that OEO has made a finding or a recommendation that a violation of the university's nondiscrimination policy HAS occurred.
INSUFFICIENT EVIDENCE - this means that OEO has made a finding or a recommendation that a policy of the university's nondiscrimination policy has NOT occurred.
HEARING
In cases alleging sexual misconduct, the case automatically is scheduled for a hearing before a hearing committee.
In cases alleging other types of discrimination, if either party is dissatisfied with the outcome of the OEO/Title IX report, they may request a hearing within five days of the issuance of the OEO Report. If no hearing is requested, the process concludes and the OEO Report becomes the final decision of the University.
INITIAL REVIEW BY HEARING COMMITTEE
In discrimination cases that result in a finding of "insufficient evidence," the hearing Committee will first review the OEO/Title IX report and accompanying evidence to determine whether a hearing should be held.
The Committee is composed of a three-person panel, which includes a committee Chair.
Discrimination cases that result in a "cause" finding and all cases alleging sexual misconduct, do not involve an initial review and instead move directly to the hearing.
COMMITTEE HEARING
A hearing will be convened with notice given to both parties of the time, date, and location of the hearing. Generally, hearings will be held using technology allowing all parties to simultaneously see and hear the party or the witness answering questions. Each party may be accompanied by an advisor of their choice, which may be an attorney, and also may also be accompanied by one support person of their choice. If a party does not have an advisor, the University will provide an advisor for the limited purpose of conducting cross examination of the other party and any witnesses. Each party will be permitted up to 45 minutes for opening statements, and extensions of time may be granted by the Chair of the Hearing Committee. Each party may also call witnesses and provide documents and other evidence.
Within 10 days of the hearing, the committee will issue its decision whether there is 'cause' or 'insufficient evidence' to show that a violation of policy has occurred.
APPEALS
If either party disagrees with the decision of the Hearing Committee, they may submit an appeal within five days.
If a timely appeal is not received, the decision becomes final.
FINAL DECISION
If the decision of the Hearing Committee is appealed, the appeal goes to the cognizant Vice President or Designee, or in cases involving a faculty member, the appeal goes to the President or designee. The decision is the final outcome by the university.
