Title IX Process

When the Title IX Office receives a report, the Title IX Coordinator conducts an initial assessment and responds to any immediate safety or health concerns. This assessment may include:

• Assessing the Complainant’s well‑being and offering supportive measures.
• Informing the Complainant about medical care, evidence preservation, and safety planning.
• Explaining the option to contact—or decline to contact—law enforcement, and how to seek protective orders.
• Explaining University and community resources and how to request supportive measures.
• Explaining dismissal, Informal Resolution (when appropriate), and Formal Resolution, and discussing the Complainant’s preference.
• Explaining the prohibition against retaliation.
• Determining whether the report identifies parties and witnesses.
• Determining whether the parties are minors and whether child protective services must be contacted.
• Coordinating with MUPD and University officials to evaluate Clery Act obligations.

After the initial assessment, the Title IX Office determines which route to follow under the Title IX Procedures, based on:

• The Complainant’s wishes;
• Information gathered during intake;
• Whether the report meets Title IX jurisdiction;
• Whether the case should proceed as a Title IX, Non‑Title IX, or other University policy matter.

The possible outcomes are:

1. Dismissal

A case may be mandatory dismissed or discretionarily dismissed under the rules in 34 C.F.R. §106.45(b)(3); parties have the right to appeal a dismissal.

2. Informal Resolution

For cases eligible for Informal Resolution, and only with both parties’ voluntary, written consent, the matter may be resolved collaboratively with a trained facilitator at any time prior to a determination. Employee‑on‑student allegations cannot go through Informal Resolution.

3. Formal Resolution

If the matter proceeds formally, the University follows the required investigation, evidence review, live hearing with advisor‑conducted cross‑examination, written determination, and appeal procedures.

After notice and investigation begin, the Title IX Coordinator (or designee) must evaluate whether the allegations meet Title IX’s jurisdiction and definition requirements. If they do not, the Formal Title IX Complaint (in whole or in part) must be dismissed for Title IX purposes; this does not prevent the University from addressing the conduct under other policies or processes.

The University must dismiss the Formal Title IX Complaint (with respect to the Title IX sexual harassment allegations), if any of the following are true—even if the allegations are assumed true:

• The alleged conduct would not constitute Title IX sexual harassment under the University’s Title IX policy and the federal definition in 34 C.F.R. §106.30.
• The alleged conduct did not occur in the University’s education program or activity.
• The alleged conduct did not occur against a person in the United States.

A mandatory dismissal for Title IX purposes does not preclude the University from moving the matter to another applicable policy or code (e.g., Non‑Title IX or Student Code of Conduct procedures).

The University may dismiss the Formal Title IX Complaint, or any specific allegations therein, at any time during the investigation or hearing if:

• The Complainant requests in writing to withdraw the formal complaint or any allegations.
• The Respondent is no longer enrolled or employed by the University.
• Specific circumstances prevent the University from gathering sufficient evidence to reach a determination.

Notice of Dismissal & Next Steps

• The University will promptly send written notice of any mandatory or discretionary dismissal to both parties, including the reasons for the dismissal and information about the appeal process.
• Where appropriate, the Title IX Coordinator may refer the matter to another University office or procedure (e.g., Non‑Title IX procedures or Student/Employee Conduct).

Appeal of Dismissal

• Either party may appeal a dismissal on the grounds permitted by policy (e.g., procedural irregularity that affected the outcome, new evidence that was not reasonably available, or bias/conflict of interest).
• Appeals are decided by an Appeal Officer (or panel) who is not the investigator or the original decision‑maker. The Appeal Officer issues a written decision to both parties.

Supportive Measures & Recordkeeping

• Supportive measures remain available to either party regardless of dismissal or forum.
• The University maintains dismissal notices and related records for seven years in accordance with Title IX recordkeeping requirements

Eligibility and limits. The University does not offer Informal Resolution to resolve allegations that an employee sexually harassed a student. IR will never be required as a condition of enrollment, employment, or participation in any program or activity.

Notice and consent (required by federal regulations). Before IR begins, the Title IX Office will provide written notice describing: (1) the allegations; (2) the requirements of the IR process, including any circumstances under which IR would preclude resuming the formal grievance process; (3) that either party may withdraw from IR at any time before agreeing to a resolution and resume the formal process; and (4) the records that will be maintained or could be shared. Each party must then provide voluntary, written consent to participate in IR.

Process and outcome. If both parties agree to use IR, the Title IX Office will work with the parties to explore resolution options. Any agreed‑upon terms will be reduced to writing and signed by the parties. If either party chooses to withdraw from IR before signing a final agreement, the case returns to the formal grievance process.

Advisors and support. Parties may consult with and be accompanied by an advisor of their choice throughout IR. The Title IX Office remains available for supportive measures and referrals regardless of outcome.

Recordkeeping. The University maintains Informal Resolution records (including signed agreements) for seven years, consistent with Title IX recordkeeping requirements.

1. Formal Complaint Filed
   The process begins when a Formal Complaint is filed with the Title IX Office.
2. Notice of Investigation and Allegations
   Parties receive written notice of the allegations and process; an Investigator is assigned.
3. Information‑Gathering (Investigation)
   The Investigator interviews parties/witnesses and gathers evidence. Parties may submit statements, documents, and witness names.
4. Evidence Review (10‑day window)
   Before a report is finalized, each party and advisor receives all directly related evidence for inspection/review and has at least 10 days to submit a written response.
5. Investigation Report (10‑day window)
   The Investigator issues a report fairly summarizing relevant evidence. Each party receives the investigation report at least 10 days before any hearing or determination, with the opportunity to respond.
6. Dismissal Review
   The Title IX Coordinator reviews whether the matter requires mandatory dismissal (e.g., alleged conduct would not constitute Title IX sexual harassment even if proven or is outside jurisdiction) or permissive dismissal (e.g., complainant withdraws), or whether it should proceed to a hearing. Parties receive notice and may appeal a dismissal.
7. Pre‑Hearing Conference (for Title IX sexual harassment)
   A Hearing Officer/Panel (independent from the investigator) addresses logistics, witness lists, and decorum. Advisors conduct any cross‑examination at the hearing.
8. Live Hearing & Determination
   For Title IX sexual harassment, a live hearing is required. The Decision‑Maker/Review Panel evaluates relevance, permits advisor‑conducted cross‑examination, and applies the preponderance of the evidence standard. A written determination (including findings, rationale, sanctions, if any, and remedies) is issued to both parties.
9. Appeal
   Either party may appeal a dismissal or determination on the grounds permitted by policy (e.g., procedural irregularity, new evidence, bias/conflict). An Appeal Officer reviews submissions and issues a final decision.

Support Throughout. The Title IX Office remains available for supportive measures, resources, and questions for all parties throughout the process and regardless of outcome.