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Resolution of Complaint

Sex Discrimination Policy: Part 5

V. Resolution of Complaint

Informal Resolution

Some alleged violations of the Sex Discrimination Policy may be resolved using an informal resolution process (mediation) overseen by one or more members of the Title IX team or its designee if (i) the University determines, in its discretion, that such a process would be appropriate; and (ii) all parties agree to participate.

Allegations of sex discrimination that are violent in nature, including sexual assault, domestic violence and dating violence, may not be resolved using an informal resolution procedure. The parties to any such informal process will not be required to deal directly with one another. If either the Complainant or the Respondent is dissatisfied with the outcome of the informal resolution process, then either party may institute the formal resolution process described below within five (5) university business days of receiving written notice of the outcome of the informal resolution process.

Any party may request that the informal resolution process be terminated at any time, in which case the formal resolution procedure (described below) would commence. In addition, any party can pursue formal resolution if he or she is dissatisfied with a proposed informal resolution. Finally, as described above, the University may elect to pursue a formal resolution procedure even if the Complainant does not wish a formal resolution.

The Complainant and the Respondent have the right to be assisted by an Advisor of Choice or University Advisor as defined above. The Complainant and/or the Respondent is responsible for presenting his or her own information and, therefore, Advisors of Choice and University Advisors are not permitted to speak or to participate directly in the process.

If the Complainant and/or Respondent has a disability that necessitates assistance in the informal resolution process, he or she may seek guidance and request accommodation through the Title IX Coordinator.

Formal Resolution

For allegations of sex discrimination that cannot be resolved informally, a formal hearing will be conducted pursuant to the procedures contained in Appendix B, Article II of the Student Handbook, with the following amendments, clarifications, and/or additions:

  • The Disciplinary Board shall consist of three members, appointed by the Vice President for Student Affairs and Dean of Students. The Disciplinary Board members shall be faculty members appointed from a list of elected faculty members (Article II.1.A and B).
  • The members of each Disciplinary Board shall select one member to serve as Chair and Presiding Officer. (Article II.1.A and B).
  • Challenges to appointments to the Disciplinary Board on grounds of conflict of interest may be made by either the Complainant or the Respondent. (Article II.1.C)
  • All Disciplinary Board members must receive annual training on handling cases of sex discrimination, including cases involving sexual violence. (Article II.2.C)
  • The Disciplinary Board shall consist of three members, appointed by the Vice President for Student Affairs and Dean of Students. The Disciplinary Board members shall be faculty members appointed from a list of elected faculty members (Article II.1.A and B).
  • The members of each Disciplinary Board shall select one member to serve as Chair and Presiding Officer. (Article II.1.A and B).
  • Challenges to appointments to the Disciplinary Board on grounds of conflict of interest may be made by either the Complainant or the Respondent. (Article II.1.C)
  • All Disciplinary Board members must receive annual training on handling cases of sex discrimination, including cases involving sexual violence. (Article II.2.C)

If the Complainant and/or Respondent has a disability that necessitates assistance in the formal resolution process, he or she may seek guidance and request accommodation through the Title IX Coordinator.

Appeal

Either the Complainant or the Respondent may appeal any decision/sanction of the Disciplinary Board to the University Board of Appeals. The procedures for an appeal are contained in Appendix B, Article III of the Student Handbook, with the following amendments, clarifications and/or additions:

  • The University Board of Appeals consists of six members. The President of the University shall appoint two members of the Board of Trustees and two university administrators; and the university faculty shall elect two members of the faculty. The members of the Board of Appeals shall select from among its number a Secretary who shall keep a record of the appeal finding discussion. (Article III.3.A)
  • In proceedings involving Sexual Assault, Dating Violence, Domestic Violence or Stalking, the Complainant and Respondent have the right to be assisted by an Advisor of Choice. In proceedings involving Sexual Harassment or Sexual Exploitation, the Complainant and Respondent have the right to be assisted by a University Advisor. As defined above, Advisors of Choice and University Advisors are not permitted to speak or to participate directly in the proceeding. (Article III.4.D)
  • The written decision of the University Board of Appeals will be sent simultaneously to both parties, typically within five (5) university business days following the completion of the hearing. If there is a delay in issuing the decision, both the Complainant and the Respondent will receive written notification of the delay and the reasons for the delay. Complainant will be informed of any specific sanctions imposed on Respondent in a manner consistent with the requirements of FERPA. (Article III.4.D)

If the Complainant and/or Respondent has a disability that necessitates assistance in the appeals process, he or she may seek guidance and request accommodation through the Title IX Coordinator.

Sanctions and Corrective Measures

If a student is found to be responsible for a violation of this Policy, the Disciplinary Board and/or Board of Appeals will impose sanctions, based on the Sanctions Guidelines described in the Student Handbook, up to and including dismissal. (Article VI).

In addition to any sanctions issued by the Disciplinary Board and/or Board of Appeals, the University will take additional steps, if necessary, to stop the sex discrimination, prevent its recurrence, and address any negative impact on Complainant or other members of the University community.