Reports and Complaints
SEX DISCRIMINATION POLICY: PART 4
III. Reports and Complaints
Following the receipt of a sex discrimination complaint, ONU’s Title IX team or its designee will conduct an investigation into the allegations. The investigation shall be conducted promptly and will be conducted in a manner that is thorough and impartial. The investigation may require interviews with the involved parties and witnesses, as well as a review of other relevant information and documentation.
Upon receipt of a sex discrimination complaint, ONU will exercise good faith to investigate and resolve the matter (not including appeals) within sixty (60) days, unless extenuating circumstances necessitate a longer time frame. Such extenuating circumstance may include, but not be limited to, temporary delays in the investigation to allow local law enforcement to gather evidence, time during the calendar year when ONU is not in session, and the accommodation of student travel schedules.
Conduct of Investigation
The investigation will be conducted in a manner that is thorough, reliable, and impartial and may include interviews of the parties involved, including witnesses, and the gathering of other relevant information and documentation. Conduct investigation procedures will follow Appendix B, Article I as outlined in the Student Handbook.
Upon receipt of a report of sex discrimination, the University will provide reasonable protective measures to prevent further acts of misconduct, and to provide a safe educational and work environment. The University will determine the necessity and scope of any protective measures. Even when a Complainant or Respondent does not specifically request that protective measures be taken, the University may choose to impose protective measures at its discretion to ensure the safety of Complainant or Respondent, the broader University community, or the integrity of the review process. Protective measures may be interim or continued for as long as is necessary to provide a safe educational environment and to remediate the negative impact of any acts of sex discrimination.
Persons seeking protective measures should speak with the Title IX Coordinator or Deputy Title IX Coordinator. The University will also maintain contact with the parties to ensure that all emotional and physical well-being concerns are being addressed. In determining accommodation/protective measures, the Title IX Coordinator or Deputy Title IX Coordinator will consider factors including but not limited to:
- the specific need expressed by the complainant,
- the age of the students involved,
- the severity or pervasiveness of the allegations,
- any continuing effects on the complainant,
- whether the complainant and respondent share the same residence hall, dining hall, class,
- transportation, or job location, and
- whether other judicial measures have been taken to protect the complainant, such as a
- civil protection order.
The University will maintain as confidential any accommodations or protective measures provided to one or both of the parties, to the extent that maintaining that confidentiality would not impair the ability of University to provide the accommodations or protective measures. The Title IX team will determine what information will be disclosed. Only information necessary to provide the accommodation or protective measure in a timely manner will be disclosed. The University will carefully consider who may have access to this information to decrease the risk to confidentiality.
All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by a protective measure. The University will take immediate and responsive action to enforce measures previously ordered or implemented by the University.
The University may impose any protective measure that can be tailored to achieve the goals of this policy, even if not specifically listed here. The range of protective measures may include:
- No Contact/Restraining Order: A Complainant or Respondent may request, or the University may impose, restrictions on contact between Complainant and Respondent. These restrictions generally preclude in-person, telephone, electronic or third party contact or communications. An individual may also wish to consider seeking a protective or restraining order from the local courts. This is a civil proceeding independent of the University. If a protective or restraining order is issued, the University will, to the best of the institution’s ability, assist the protected individual in enforcing the order on University property.
- Academic, Employment, or Residence Modifications: A Complainant or Respondent may request an academic or employment accommodation or a change in residence after a report of sex discrimination. An individual who requests assistance in changing his or her academic, employment or living situation after an incident of sex discrimination will receive appropriate and reasonably available accommodations. Where possible, accommodations or modifications will be designed to minimize any burden on the Complainant. Available accommodations or modifications may include:
- Academic accommodations, including a change in class schedule, taking an incomplete or dropping a course without penalty, attending a class via electronic or other alternative means, providing an academic tutor, or extending deadlines for assignments;
- Change of residential living assignment;
- Change in work assignment or schedule;
- Providing an escort to ensure safe movement around campus.
- Emotional Support: The University will provide access to counseling services through the Counseling Center or will assist in providing a referral to off campus agencies.
- Interim Suspension or Leave: When the reported sex discrimination poses an ongoing risk of harm to the safety or well-being of an individual or members of the campus community, the Title IX Coordinator or Deputy Title IX Coordinators may place an individual or organization on interim suspension or impose leave for an employee. Pending resolution of the complaint, the individual or organization may be denied access to campus. When interim suspension or leave is imposed, the University will make reasonable efforts to complete the investigation and resolution within an expedited time frame.