Grievance Policy
Step 1: Formal Complaint
To start the formal investigative process the complainant must complete a formal complaint. This is a document that states basic information such as when the incident(s) happen, who was involved, what happened and where the incident(s) happened.
Step 2: Notice of Allegation
Once the formal complaint is completed and reviewed, a notice of allegation is sent to the respondent. This lets the respondent know that they are being investigated through the Title IX Grievance process and includes basic information about the accusation. This will contain the same details that are in the formal complaint. The respondent will be invited to a meeting with the investigator to discuss the Notice of Allegations and next steps, and may be accompanied by an advisor of their choice. The respondent can participate in an interview at this time or wait until they have time to review the Notice of Allegations and identify an advisor.
Step 3: Interview with Complainant
After the formal complaint and notice of allegation is complete, the complainant will meet with the investigator and give a statement regarding what happened. They may be accompanied by an advisor of their choice. The complainant is able to provide as much or as little detail as they wish. Witnesses and additional materials are not required but the investigator will ask about them. Following the completion of the interview, the investigator will create notes and send those notes to the complainant to review and provide feedback. Witnesses will be interviewed when/if appropriate.
Step 4: Interview with Respondent
The respondent is invited to a meeting with an investigator. They may be accompanied by an advisor of choice. At the meeting, the respondent may provide as much or as little detail as they wish. The respondent has the right to just listen to what the investigator is sharing and not make a statement if they desire. The respondent is informed that there is an investigation taking place and will be asked about the incident reported. This is one of the main opportunities for the respondent to provide their description of the incident(s). The respondent is given the same opportunity as the complainant to share additional materials or witnesses’ names. Following the completion of the interview, the investigator will create notes and send those notes to the respondent to review and provide feedback.
Note: Throughout the investigation process any informal resolution options will be discussed with complainants and respondents. An informal resolution currently available would be an Administrative Agreement (AA). Complainants and respondents might be asked about what type of range of sanctions they would be willing to accept. If the complainant, respondent, and University are able to come up with an agreement regarding a sanction an AA would be signed by all parties.
Step 5: Investigative Information
Once the investigator meets with the parties and any witnesses, all interview notes and all other materials are collected into an evidence packet. All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins.
Step 6: Review of Evidence
The institution will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic format, or other format if necessary. The parties will have ten (10) calendar days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before completing the Investigative Report.
The institution will provide copies of the parties’ responses to the investigator to all parties and their advisors, if any. The University will provide the parties up to ten (10) calendar days to provide a response, after which the investigator will not be required to accept further submission.
Step 7: Additional Review
Following the second 10-day period, the evidence packet and any other materials provided by the parties is reviewed by the staff in the Office of Student Conduct (OSC.) It is then determined if there are grounds to charge the respondent with a violation of the Title IX Grievance Policy and what, if any, charges would be appropriate. The investigator has up to ten (10) calendar days to generate a report or, alternatively, may provide the parties with written notice extending the investigation and explaining the reason for the extension.
Step 8: Possible Charges
If the OSC staff determine that there is not enough evidence for a charge to be issued, the complainant and respondent are informed via email. All information is documented.
If the OSC staff determine that a charge is appropriate, the evidence packet, documentation of the charge, and an administrative agreement (AA) are provided to the respondent and complainant. This packet is known as the case packet. The respondent must decide if they wish to sign the AA or go to a hearing.
There are 2 options at this point:
If the respondent, University and complainant agree to and sign the AA, the respondent accepts the AA, waives their right to a hearing and the case ends.
Or, if the respondent, University or complainant decides not to sign the AA, the case goes to a hearing.
If the case goes to a hearing, it will continue to follow the steps below.
Step 9: Student Conduct Hearing
The respondent and complainant get 10 days to review the case packet before the hearing. Both the complainant and the respondent have the right to bring an advisor of their choice to the hearing. If a student does not have an advisor to accompany them to the hearing, the University will provide an advisor for them without cost. The hearing includes an opportunity for each of the parties to make an opening and closing statement. The complainant and respondent can be asked questions by the hearing board and the other party's advisor. It is important to note that questions between parties can only be asked if accepted by the board chair and must be asked through an advisor. The hearing board is provided the full case packet to review before the hearing. Following the questioning and statements, the hearing board will deliberate and make a decision as to whether the respondent is responsible for any/all charges or not, and determine sanctions.
Step 9, A: If the hearing board makes a decision of not responsible for all charges the respondent is not sanctioned by the University. The hearing board will create a document in which they clearly state their findings and the rationale for the finding.
After the hearing board makes their decision, the options are as follows:
i. If neither party pursues an appeal, the case is documented and closed.
ii. If either party pursues an appeal, they have 10 days to submit an appeal following the decision. The non-appealing party will be provided an opportunity to submit a statement in response to the appeal. Once all appeal options that have been pursued are complete, the case is closed based on the final appeal decision.
Step 9, B: If the hearing board finds the respondent responsible for some or all the charges. The hearing board writes up their decision, rationale, and sanction(s), and shares this with both parties. Following the decision both parties have 10 days to submit an appeal if they wish.
i. If the complainant and/or respondent pursues an appeal, they have 10 days to submit an appeal following the decision. The non-appealing party will be provided an opportunity to submit a statement in response to the appeal. Once all appeal options that have been pursued are complete, the case is closed based on the final appeal decision.
ii. If neither party pursues an appeal by the deadline, the case is closed based on the final appeal decision.
