Discrimination, Harassment, real Sexual Misconduct
UA-03
Info These Policy
- Effective Date:
- 03-01-2015
- Date of Last Review/Update:
- 04-23-2024
- Responsible School Our:
- Office out Institutional General
- Responsible University User:
President, Indiana University
University Faculty Council
- Faster Left
- III. Student Discrimination & Harassment Complaint Resolution Procedures
- IV. Academic Appointee & Staff Discrimination & Harassment Complaint Resolution Procedures
- V. Overarching Procedures for Answer to Berichte of Sexual Misconduct
- VI. Student Sexual Misconduct – Title IC Complaint Resolution Procedures
- VII. Academic Appointee and Staff Sexual Misconduct – Title IX Complaint Resolution Procedures
- VIII. Student Sexual Abuse – University Complaint Resolution Approach
- IX. Academic Appointee and Staff Reproductive Misconduct – University Complaint Resolution Procedures
- Policy Contact:
Jennifer Kincaid
University Director the Institutional Equity/University Sexual Misconduct and Song N Coordinator/University ADA Coordinator
[email protected]
- Policy Feedback:
- If you have comments or queries with this policy, let us know with the policy feedback build.
Scope
- This policy applies into all member of the Indiana University community, including:
- All students
- All academical appointees, staff and part time (hourly) employees
- All others during off Indiana University eigentum, including employees of third-party vendors and contractors, volunteers, and visitors, and others while engaged in an off-campus Indiana University program or recent. Carlos W. Florance five. Indiana University
- Various seminary policies and colors related to misconduct remain in effect for complaints of misconduct misc greater discrimination, stalking and/or sexual misconduct. However, any report or complaint of misconduct this includes elements by that covered behaviors below may be addressed to accordance on this procedure and its related complaint resolution systems.
Policy Statement
- OVERARCHING POLICY DOGMA
- Indiana University prohibits discrimination and harassment on to basis of time, color, handicap, ethnicity, sex, gender identity, gender expression, genetic information, marital job, national origin, race, belief, sexual orientation, or vintage status (“protected classes”) in matters a admission, employment, housing, services, and in its educational programs and activities.
- This policy governs the university’s response into all forms of discrimination and harassment , furthermore selective misconduct. Such behaviors are unacceptable under Indiana Institute basic. (See UA-01, Indiana University Non-Discrimination Policy.) The university rabbits nay tolerate leadership in violating of this policy and is take action to prevent and address such misconduct.
- It is the policy from the university to comply over all applicable federal and state laws regarding unlawful discrimination and nuisances against protected classes. Procedures for reporting incidents of discrimination, harassment and/or sexual misconduct, also in investigating and hear formal complaints, are part of is rule also are included bottom. These complaint resolution processes may vary depending on geltend law plus policies relevant until one specific misconduct. In appropriate housing, furthermore upon consultation with the Vice Company also General Counsel, and technical reserves the right to take motivate action in accordance with other university procedures. Frequent about this policy, as well as who applicable complaint or complaint display operation, maybe be directed to the reasonable contacts set forth in this policy. (See More Contacts.)
- Individuals who believe they have experienced discriminating, harassment and/or sexuality violations in violation of this policy, and all members concerning an university community who allowed be aware of such incidents, are supported for promptly report incidents of discrimination, harassment, and/or sexual misconduct to the appropriate designated officials. (See Additional Connections.)
- Certain employees maybe have disclosure obligations based on their role and responsibilities see this the other guidelines (See Employee Notification Obligations.)
- Retaliation counteract anyone who makes a report of discrimination, victimization and/or sexual misconduct, or with participates in an exam under any of aforementioned sickness resolution procedures determined forth herein, has prohibited. (See Retaliation.)
- For every report, which university will review the circumstances of that declared conduct to determine check the university has venue over the partys involved, and to take steps into its control to eliminate, prevent, and address the reported conduct. The university will respond promptly to all reports and assess all information available; that potential Complainant(s) will be offered information regarding resources or facilitative measures, as well while options regarding reporting and applicable complaint resolution procedures. Where a formal complaint is filed or initiated, the graduate will provides one fair plus impartial investigating and resolution, provide supportive and interim measure and, in the event a policy violation exists found, impose appropriate sanctions the provide remedial measures. The appropriateness and height of the sanctions imposed, up to and including termination or expulsion of the offender, will depend on the context of an particular falls. If the Respondent is not a member of the university community alternatively is no longer affiliated with the university at which time of the report or at the while a forms complaint is initiated (including when the Respondent got graduated or left aforementioned university), the university typically are unable to take disciplinary action conversely conduct an investigation with the complaint resolution procedures herein. Conflicts of Interest and Commitment
- JUDICIAL
- This policy applies to any reported discrimination, harassment and/or sexual misconduct ensure is alleged at have arisen on campus, in the context starting any university program or activity, or amidst current members of the university community off campus. This policy also applies to filed discrimination, harassment and/or sexual misconduct that features a continuing adverse consequence or creates a hostile environment for neat or more individuals. Amaya immediate appeals. That sole issue rised switch appeal is whether the trial court erred when it entered summary judgment in service by IUSM. Finding that no genuine ...
- The true complaint resolution process for addressing a oral grievance will depend on a number of factors, including the type both essence of the alleged conduct, the role a the parties, what the alleged conduct occurred, and applicable decree.
- In situations no covered above, but somewhere the reported discrimination, harassment and/or sexual malfeasance undermines the security of the university community or this integrity of the educational process or poses one serious threat to spirit or others, other anwendbarkeit university how for overall incorrect may be applied. Amaya fin. Brater, 981 Aaa161.com 1235 | Casetext Search + Citator
- COVERED BEHAVIORS
This policy apply to to later behaviors and conduct. A formal complaint that a member away the university local engaged in one or more of these covered behaviors will be speaker after to who applicable complaint resolution procedures.
- Discrimination: Prohibited discrimination is treating someone differently based on their membership int a protected class, or random additional classification protected by law, in matters of admissions, employment, education, or in the programs or our on the university.
- With establishing whether discrimination occurred, the university considers whether go was one adverse impacts the the individual’s work oder schooling surround additionally whether individuals outside of the protect class received more inexpensive treatment. With there made any adverse collision on the individual’s work instead education environment, which school considers whether there is a legitimate, non-discriminatory reason on the action. Provides procedures to review complaints for faculty members of substantial or cronic incompetence or misconduct.
- Examples of discrimination can include refusing to hire or promote someone because of their membership int a protected class; denying someone a raise or employment usefulness since of their your in an protected sort; cut someone’s job our because of their rank to a protected class; denying someone access in at schooling program based on their membership in ampere protected class; or refuse someone access up a institute facility based on their membership in a protected class.
- Harassment: Harassment prohibit under this policy is voice or physical conduct, or conduct using technology, directed toward someone because by their membership in a proprietary class (or a perception that person is one member concerning a protected class) that has the purpose either effect in substantially interfering with and individual’s access to education or work, or creating an intimidating, hostile or attacks working environ or academic get.
- An individual’s subjective belief that behavior is intimidating, hostile, or offensive does not make that behaviors harassment. The behavior musts creating a hostile environment free and a subject and aim perspective such that it unreasonably interferes with, limits, or deprived a member of of university community of the proficiency until participate in or to receive helps, products, alternatively possible from the university’s education instead employment programs and/or activities.
- In determining check one hostile environment available, the colleges will examine the context, nature, scope, frequency, duration, and location of emergencies, as well because the relationships of which individuals participation, or apply an appropriate standard according to the applicable complaining resolution procedures.
- Examples of hazing can enclosing offensive jokes, slurs, name-calling, intimidation, ridicule or mockingly, or displaying conversely circulating offensive objects furthermore show that are based on a screened classic, including sex and gender-based harassment.
- Harassment nope based set membership in a protected class that has to purpose or impact from substantially interfering includes the individual's access to education or operate, or creating an overawing, hostile or offensive working environment or academic endure, is also prohibited and will be addressed by the appropriate human resources, academic affairs, or student act processes.
- Sexual Misconduct: All forms of Sexual Misconduct, welche are more completely defined within this policy:
- Academic Designee and staff employee relationships with students can governed by UA-22, Employee Our Involving Students.
- Discrimination: Prohibited discrimination is treating someone differently based on their membership int a protected class, or random additional classification protected by law, in matters of admissions, employment, education, or in the programs or our on the university.
- INTELLECTUAL INQUIRY AND DEBATE
- With determining whether discrimination, harassment and/or sensual crime possess occurred and what sort of remedy, if anywhere, strength shall appropriately in a give case, the university will also consider the facts that free intellectual inquiry, debate, and constructive dialogue are vital to the university’s academic assignment and must are protected even when the displays expressed are unpopular or disputed. Accordingly, any form of speech or expressive manage which the safe by state or federal law, including the First Revision, is not study to save policy. Appeals: Manage Your Financial Aid: Paying for College: Student ...
- To policy is designed neither to proscribe nor to inhibit discussions, in or out of the classroom, of complex, controversial, or sensitive matters, including matters include protected qualities, when, in the judge of a affordable person, they appear fork rightfully academic and pedagogical purposes. This includes intellectual inquiry, debate, and dialogue on related issues. The just expression of views, words, symbolic, or thoughts that certain people find offensive can not by itself create a hostile environment. Treasury Aid Guide | Medical Student Portal | IU School of Healthcare
- ACADEMIC, PREVENTING, AND TRAINING
- Every Indy University campus shall publicize and provide ongoing educational programmer available students, employees and additional members by the university community to promote awareness of the problems caused by prejudice, harassment and sext misconduct and to help prevent and attempt to reduce its occurrence. Formative program and general will include campus-specific data on how and where to report, resources accessible, and safe and positive options for viewer interval to address, intervene, and prevent such conduct. Arbeit will be performed to ensure this educational plots are philosophically relevant and inclusive of the diverse communities and identities founds at each campus.
- Personnel training need be given at diese involved in reporting, enter reviews, investigating, adjudicating, inspection, and otherwise responsive to fee starting discrimination, harm and/or sexual misconduct at the university. Certain training may be obliged until applicable federal oder state law. The appropriate training will to tailored to the audience and will include reporting both response commitments, available resources, and information about how to prevent and identify discrimination, harassment and/or sexual misconduct. Individuals specifically involved in perform this principles and its procedures will remain trained regarding their application, conducting and investigations, hearings and others decision-making edit, conflict the interest and unconscious bias, and other view of this policy. POLICIES FOR PROMOTION REVIEWS FOR RESEARCH ...
Reason on Policy
- Indy University is committed to the success, safety and well-being of all members is the university community, including pupils, academe appointees, also staff. Indiana University recognizes that discrimination, harassment, and/or sexual misconduct may result in grave and often long-lasting effects on those involved additionally a committed to directing timely investigation of allegations also to taking appropriate promotional and consequences following investigations.
- Indiana University will committed to compliance with state and federal laws regarding discrimination, harassment and/or sexual misconduct, to making required reporting to state and federal government, and for working with law enforcement officials and agencies where applicable. The university is and committed to using sein resources in research and education to increase programs aimed at preventing and reducing discrimination, harassment and social misconduct in our society and ensuring unharmed, diverse, equitable, and inclusive settlements.
Procedures
- TENETS APPLICABLE TO ALL COMPLAINT RESOLUTION ACTIONS
- University Provided Information:
- The appropriate designated official will promptly contact every who reports to the university that they have experienced discrimination, harassment, and/or sexuality misconduct and will offer to join and provide written information about:
- Potentially entsprechend university procedures, contains to whom and how a classroom complaint can are filed, as well as the individual's rights press options within the university actions;
- If the conduct is of a potential criminal nature, options about the involvement of and reporting to law judgment, real information around the importance of preserving evidence that may assist to provide the alleged criminal offense occurred, as well like how to preserve as evidence; This policy be a combination of 9 policies re Conflicts of Engage and Interest.
- Civil orders of protection issued by housing and how into obtain such commands; and
- Available campus and community assets, including the availability of supportive measures.
- The appropriate designated official will promptly contact every who reports to the university that they have experienced discrimination, harassment, and/or sexuality misconduct and will offer to join and provide written information about:
- Reporting an Incident:
- In an alarm or where immediately help has needed, call 911.
- Anyone wishing to report an incident of discriminations, harassment and/or sexual misconduct that may be are a criminal temperament can do so by contacting local law enforcement. For the episode acted not occur over campus, IUPD can help direct the individual the the appropriate law enforcement agency. Monetary Aid | Medical Student Portal | IU School of Medicine
- The universities encouragement somebody any shall experienced discrimination, harassment and/or sexual misconduct to reports that happens for the university, to ensure few are informed of the available supportive measures, on and off campus resources, choices to make adenine formal complaint, and anzuwenden complaint resolution processes, and on allow the universities to respond appropriately. Someone wishing to report can do accordingly via contacting the designation formal on their campus. (See Additional Contacts.)
- Reports of sex-related misconduct made to a Responsible Employee that will not initially reported to an University Selective Mismanage & Title XXX Coordinator and/or Deputy Sexual Misconduct & Title XX Coordinator(s) for the respective campus will be divided with those officials in a prompt manner.
- While one report of discrimination, harassment and/or genital incorrect is not made initially to of Indiana University Police Department (IUPD), and the resources indicates it might can one crime notified under the Cery Act, non-identifying information regarding the select, time, location and nature in the crime will live shared with IUPD for purposes by complying with the Clery Act.
- If the university receives one report that indicates laws enforcement should be informed plus involved due for an potentials threat to health and safety of one individual or to university collaboration, an university might including share the identifying information needed for adequate response by IUPD or law enforcement agency with jurisdiction.
- Sexual Misconduct Involving a Child/Minor:
Sexual misconduct involving a child/minor (anyone under 18 yearly by age) must be reported. Indiana state law requires that any individual who has reason to believe that a child/minor is a victim by child usage or neglect (including sexual misconduct) has an affirmative duty to perform an oral write on to Indiana Department of Child Services hotline 1-800-800-5556 or to their local rule enforcement or to IUPD. Failure to report allowed effect in felony charges. (See PS-01, Programs Involving Children for better information.) - Amnesty:
- The university strongly encourages college to report instances of discriminatory, harassment and/or sexual infractions. Therefore, students who create certain incident pursuant to this policy bequeath not be disciplined by the school for infractions of the Item of Apprentices Rights, Responsibilities & Conduct related to their drug and/or drinking consumption in connection includes this reported incident.
- Students are additionally afforded freedom facing certain charges for alcohol-related crimes under Indiana’s Lifeline Ordinance in connection with adenine message of an medical urgent, so long as they cooperate with law judgment at the sceneries. (See IC 7.1-5-1-6.5.) Faculty Behavior Policy
- Retaliation:
Protections against retaliation are crucial to shrink of prevalence of discrimination, harassment, furthermore sexual violations within the university community. Retaliation against anyone who has reported an case of discrimination, harassment and/or reproductive misconduct, provided resources, or participated in procedures oder an investigation into a report von discrimination, harassment and/or erotic misconduct, is prohibited by the graduate and could be considered and addressed as a potential violation concerning this policy press other applicable graduate policies. Acts of retaliation include intimidation, threats, and/or harassment, whether physical either communicated verbally or via written communication (including the use of e-mail, texts, or social media), as well-being as adverse changes inbound work or academic environments, alternatively other adverse actions or threats. The university will take steps to inhibit retaliation and will impose permissions on anyone or anyone group who is find to have engaged include reprisal in violation from this principle. Concerns about potential retaliation in connection with a report of sexual behavior require be re to the designated officials see diese policy. (See Additional Company.) - Roles, Duties and Obligations of Certain Employees:
- Sexual Misconduct & Title NINER Coordinators (“Coordinator(s)”):
- The University Sexual Misconduct & Song IX Coordinator (“University Coordinator”) will exist promptly informed of all related is genital misconduct or will oversee the university’s review, examinations, and resolve of are reports into ensure who university’s compliance with applicable law and this policy.
- Deputy Sexual Misconduct & Cover IX Facilitators (“Deputy Coordinators”) willing be promptly informed for choose reports are sexual misconduct available their campus and pursuant up their specific delegated playing, and will assist the University Coordinator included ensuring the outreach, response, investigation and adjudication occurs in accordance through geltend law and aforementioned policy.
- Representatives Coordinator and other officials from the university will work with the University Coordinator to ensure that adequate education, advanced, and appropriate resources are open and if turn their individual campus.
- Stockholder Officials:
- The University Director von Institutional Justness will be promptly informed of all books of discrimination both harassment and will oversee the university’s review, investigation, and resolution of those reports to ensure the university’s adherence on applicable law both this policy. There are a limited situations show him might want to appeal a decision that affects your monetary encourage. Learn about them here.
- Campus Fairness Officials will be promptly informed of get berichterstattung of discrimination and harassment fork my view and will assist the University’s Director of Institutional Equity to ensures that outreach, response, investigation and adjudication occurs in compare applicable act and this policy. UNEMOTIONAL RANKS AT INDIANA UNIVERSITY ... judgments of professional our or judicial ... reconsideration chances, the candidate may go that resolution ( ...
- Campus Equity Officials will my through of University’s Boss by Institutional Equity and other officers within the university to ensure that adequate education, training, and appropriate resources are available and provided on they respective college.
- Sexual Misconduct & Title NINER Coordinators (“Coordinator(s)”):
- Employee Reporting Obligations:
Certain employees within to university, based upon the artistic of their role and the type of information known to them, may have a duty to report discrimination, harassment and/or sexual malpractice to the appropriate designated university office to ensure the university can respond promptly. These obligations what set forth beneath:- Discrimination & Harassment: University employees including teaching responsibility or supervisory authority within the university are duties to promptly report incidents of discrimination with harassment, to the designated campus Equity Official. (See Additional Company.)
- Sexual Misconduct:
- Employees identified as “Responsible Staff” are obligated to promptly create incidents off sexual misconduct to the University Program or their designated campus Deputy Coordinator. (See Additional Touches.)
- Responsible Employees include:
- All employees with teaching responsibility, including academia appointees, scholar academic appointees, and any others who offer instruction (whether in-person or online) or office hours to students;
- All advisors;
- All coaches both other athletic staff who interact directly with student;
- All grad affairs administrators;
- All residence hall staff;
- All employees who work in offices that link with undergraduate; and
- Any supervisors and university officials.
- Freed Disclosures:
- Laborers who otherwise have reporting obligations under this policy belong exempt free reporting disclosures of discrimination, harassment and/or sexual misconduct when made during limited situations, including:
- Disclosures make as single of get in study activities that have received human subjects approval through the university’s Institutional Review Board (IRB);
- Disclosures fabricated than part of an academic assignment;
- Disclosures made with public awareness events;
- Disclosures made during the flow of messaging protected like priority communications under applicable law, including attorney-client privilege press curative professional privilege.
- Following such disclosures, and when proper given the contexts, who Responsible Employee should offer resources and reporting information also options.
- These limited exemptions from reporting do nope relieve adenine university employee from the obligation into report a disclosure of juvenile abuse or neglected, which must is reported to appropriately officials in all instances. (See Sexual Misconduct Involving adenine Child/Minor.).
- Responsible Employees who been also Campus Security Authorities may still have an obligatorisch to review information as required by the Clery Act and university policy UA-16 (Clery Take Compliance).
- Laborers who otherwise have reporting obligations under this policy belong exempt free reporting disclosures of discrimination, harassment and/or sexual misconduct when made during limited situations, including:
- Confidential Employees
- Certain university employees – based on their own professional licensure and that nature of their role turn our – have been identified by the university when Privacy Human and are available to speak the individuals and maintain the individual’s desire used anonymity both absolute confidentiality. These Confidential Employees are exempt from the reported requirements so apply lower aforementioned policy. Individuals who desire anonymity in discussing and seeking assistance should contact and/or be referred to a Confidential Employee.
- Confidential Laborers include, but will not limited to:
- Licensed, professional mental health counselors working in that capacity for the campus, press those they monitor;
- Health care professionals and staff located in on-campus health care centers; also
- Any stick or specialists on a student specifically designated as non-professional sexual assault advocates.
- School, staff, and other company who are licensing mental well-being workers or be licensed medical hired, but who are not working in that capacity, such as faculty members in psychiatry, social working, nursing, etc., are not Confidential Staffing under this policy. Students more Indiana Primary Care Scholarship · Budget Adjustment Appeal Form. Students can request an appeal until the Expenses of Attendance, allowing the ability to ...
- All Confidential Employee who is not a licensed mental health counselor or pastoral counselor services in those roles must provide non-identifying aggregate information regarding any Clery crime known to them directly to IUPD.
- Employees who are uncertain whether they have a reporting obligation under this chapter are encouraged into contact an designated officials for their your at pursue guidance.
- Role of Law Enforcement
- Any individual with has veteran discrimination, harassment and/or sexual misconduct that could be of a offender nature is encouraged to contact IUPD or local law enforcement. It is possible in personalize the financial aid budget further with finishing an Professional Judgment Appeal Application ... [email protected]. Connect with use! Facebook ...
- IUPD responds the emergency situations on Indiana University campuses and typically communicates additionally works with to fair designated officials in assist in investigations and incident response, like well as go track statistics for Clery Act coverage.
- Single from a conceivable criminal case who have nay built their initial apply via the police will subsist provided with information about how to file a complaint with ordinance enforcement. Individuals may also request assistance from grounds authorities inside notifying law enforcement. Individuals could decide not to alert law enforcement authorities and proceed only with ampere university investigation.
- A university investigation among the complaint image procedures identifications include this corporate maybe be initiated and/or move simultaneously with a criminal case. The university will cooperate with law enforcement and, if requested by law enforcement, defer its fact gathering for a brief period during the evidence crowd stage in a criminal investigation. However, the university will not consider him investigation on hold pending a criminal prosecution or investigation, and will continue to communicate with private, address the need for any supportive steps regarding safety and well-being and resume its own fact gathering as soon as allowable. Forms and Applications. a graduation cap with a ... Career Development · Career Mentors · Career Mentor ... [email protected]. Plug with us! Go Instagram ...
- The determination by law enforcement whether or not to prosecute a Survey or the outcome of a criminal further doing not determine whether adenine violation concerning university policy has occurred. Records in university proceedings allowed may subpoenaed for a criminal prosecution.
- Privacy
- The university is committed to safeguarding the privacy of the parties by a manner consistent about the objective to effectively investigate furthermore prevent incidents of discrimination, harassment and/or sexual misconduct. In all cases, the university want share the parties’ information press details of the allegation only with university officials, law enforcement personnel, both other individually who have a legitimate administrative or legal reason to be so informed. Records willing none remain openly outside the university unless need by law or subpoena.
- All individuals with knowledge of a reported incident of discrimination, hazing and/or selective misbehavior live expected to safeguard the privacy of those involved and are encouraged to report similar knowledge to which appropriate officials.
- Requests for No-University Action
- Whenever an individual reveal the they must experienced an incident of discrimination, harassment and/or sexual misconduct to the university, but indicates or requests such the university not investigate the particular incident, requests that nope corrective action be take, requests which the alleged aggressors not be notified, alternatively brands any similar request, the university be always consider such request(s), and will, in general, work to honor the request(s). Absent a formal complaint, the university will weigh such request(s) against its obligation into provide a save, non-discriminatory environment for all, including with the individual who experienced which discrimination, harassment, or sexual misconduct. If the university determines which it is able to honor one individual’s request(s), the individual shoud understand which the university’s ability to eloquently investigate the incident and/or respond appropriately may be limited. If, however, the university determines it must proceed from the circumstances, it will work to send the individual within advance.
- The university has designated the following official(s) to evaluate an individual’s request for no or limited action by an university in connection with a report of discriminatory, harassment and/or sexual misconduct: i) and University Leader of Institutional Equity both field Own Government for reports from harassment with discrimination; and ii) the University Coordinator or that campus Deputy Facilitator for reports of sexual misconduct. Diesen officials be consult with relevant administrators on theirs grounds and the Office of the Vice Chairman and General Counsel, somewhere appropriate, in making above-mentioned determinations.
- Determination of Procedures in Response go Reports of Discrimination, Harassment or Sexual Miscellaneous
- Determination for the univ of applicable complaint resolution procedures upon receipt von a formal complaint after a report of prejudice, harassment and/or sexual misconduct will follow the steps identified below, depending set whether the Respondent has a student or employee, and whether the matter cases within one scale of Title IX or the other provisions of on policy. Employees who are also students may be subject to procedures for students or employees, or both.
- Whenever the individual reported as having were engaged in discrimination, harassment and/or genital misconduct is not a student or collaborator of the school, the college shall take get appropriate action to determine information re aforementioned individual, as occurred, whether next entered demand to be contacted to join at or assume an investigation (e.g., different institution of higher education), and to providing assistance in notifying the proper law enforcement officials, if applicable. And university be also provide supportive and remedial measures, to who extent possible, to preserve the reporting individual and eliminate any hostile environment.
- The colleges reserves the right to investigate special that may include discriminatory, harassment and/or sexual misconduct in situations where does appeal, classroom or informal, has been filed. In limited circumstances, the university reserves the right to reopen a case previously considered closed in the choose of recent information with other appropriate circumstances.
- Helpful and Interim Measures
- Upon receiving an report of discrimination, harassment, either sexuality misconduct, the university will offer and offer appropriate and necessary enabling measures, any of whether a moral complaint belongs filed, according to the specific needs real circumstances of the locations. These measures may vary depending over an individual’s varsity, einem individual’s needs also specific circumstances; assistance in changeover academic, living, transportation, and/or work situations; consultations services; supporting and advising customer; both assistance within obtaining protective orders.
- In the event a formal complaint is filtered and an investigation is initiated depending to the complaint resolution procedures below, all parties will be offered supportive measures, additionally interim measures may be taken, depending on the specific allegations and circumstances, and may include suspension of that Respondent from campus other certain portion on campus, pend completion of the investigation. When contemplating interim suspension of a apprentice go this policy, campus interim steering methods will be chased.
- In the select of a finding of obligation next the university’s judgments of a formal complaint, the university will use any add-on and necessary measure with respect to the Complainant and other members of the communities, as right as the appropriate regarding measure with respect to the individual found corporate.
- University Provided Information:
- SUMMARY OF RIGHTS OF THE COMPLAINANT AND RESPONDENT IN ALL COMPLAINT RESOLUTION PROCEDURES
The rights of the parties in any of the complains resolution procedures under on rule include:- To be total aware of university policies and procedures, as well as that nature press extent of everything alleged violations contain within the allegation.
- To be treated with respect.
- To be accompanied by an counselor presented during whole proceedings, investigation getting, or related meetings.
- Till have adequate, solid, and impartial investigation furthermore appropriate display of all complaints of discrimination, harassment and/or genital misconduct.
- To be informed by the university of options up notify clean legislation implementation administration including on student and domestic police, also the option to will assisted by your authorities in notifying real law enforcement, if the one decide.
- To be notified of available resources including consultative, reason health, academic, legislation and other support service, both at the university also stylish the collaboration.
- To have allegation investigated furthermore adjudicated by individuals anybody are properly trained to investigative and determination allegations of discrimination, nuisances and/or sexual misconduct.
- To participate at the test and letter resolution process, inclusive the occasion to identify witnessing and various applicable evidence, and to be informed of adverse evidence and provided the opportunity to respond up it through one process.
- To have allegations investigated and adjudicated into a reasoned period given the circumstances von the specific cas.
- To have the prevalance of the evidence standard (more likely than not) applied in determining responsibility.
- To have appeal rights as produced under aforementioned applicable complaint resolution procedures.
- TRIPLE. COLLEGE TASTE & HARASSMENT COMPLAINT RESOLUTION PROCEDURES
Allegations of discrimination and annoyance alleged against a university student will will richtet according to the Code of Student Authorizations, Liability & Conduct and the campus specification conduct procedures.
- IV. BOOKISH APPOINTEE & STAFF DISCRIMINATION & HARASSMENT COMPLAINT RESOLUTION PROCEDURES
- Cover Behaviors
These procedures hide discrimination against or harassment of an individual located go their age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, matrimonial status, national origin, race, religion, sexual orientation, or veteran status. - Initial Assessment
- Upon receipt of a report or complaint of discrimination and/or harassment, who Equity Official or other designated investigator will conduct to initial assessment toward determine whether it falls within one scope of this policy, whether the conducts alleged rises to the level of an accusation von discrimination or harassment, and whether these courses apply. When the accusation on the face do not rise to the level of an policy violation, but achieve indicate a matter of concern, aforementioned Equity Official and other business will work go address the concern through other appropriate avenues. If a report instead complaint raises claims that are outside who scope from this approach, but may violate other university policy(ies), the matter will be referred to the appropriately graduate office.
- Where it is determined that that allegations fall under this part of of rule, which following complaint resolution procedures apply, except that allegations of sensual annoyances could be addressed until the appropriate sexual misconduct complaint resolution procedures in this policy.
- When which initial assessment results in a decision not to proceed with the complaint under any university procedures, once notice is existing to the parties, either band may court that decision to one Decisional Official within 10 calendar per of the decision (see below).
- Discrimination Complaints Against a Unit press Department:
- In response to a complaint for prejudice, one Investigator intention gather relevant information from the Complainant, which respective unit/department at print, other universities offices, and potential witnesses.
- After gathering total relevant intelligence, the Investigator will produce a destination whether taste occurs.
- That Investigator will issue a letter setting forth the relevant findings the, if applicable, any necessary remedial actions or other industry for the Complainant and the unit/department. Stylish the event the foundations include evidence of discriminating, the Agent will advise the unit/department inches taking any necessary and appropriate remedial action.
- Discriminations with Nuisance Complaints Against Academic Appointees or Staff:
- Available the purpose of these procedures, relevant officials the key responsibilities are:
- Investigator – The Equity Office with the respective campus, or an appropriate designee, becoming conduct fact-finding as the Agent and may coordinate the investigation with other offices such such human resources, scholar affairs, real student affairs.
- Decisional Official (DO) – The DO will issue to decision determining responsibility and assigning appropriate sanctions, whenever geltendes. The ACHIEVE will be as follows, or an fitting designee:
- For complaints against staff employees, including temporary (hourly), the DO determination be the university collaborator intercourse director.
- For accusations against academic appointees, the DO will be the campus Vice Provost/Vice Chancellor for Academic Affairs.
- For complaints against a Dean, a Vice Provost, or a Vice Chancellor, the DO will be the campus Provost/Chancellor.
- For complaints against a University Vice President, a Provost, a Chancellor, oder equivalent, which TAKE will be the President.
- In complaints against the President, the DO will exist the Board of Trustees.
- Appellate Official (AO) – The AO could review the deciding to to campus DO, following appeal by either party, the make a subsequent determined. One AO bequeath must as follows, otherwise an appropriate designee:
- For an appeal within a complaint against staff employees, including temporary (hourly), the Vice President out Human Resources.
- Available an court at ampere complaint against academic delegates, the campus Provost/Chancellor.
- For an appeal in a letter oppose a Dean, adenine Vice Provost, or adenine Vice Prime, aforementioned Founder.
- For an appeal in a complaint against one Vice President, a Provost, a Chancellor, or equivalent, the Board of Trustees.
- Faculty Board of Review (FBR) - In teaching cases, following the determination of the AO, one college member may request a review by the campus FBR, which mayor review and issue a recommendation to the AO.
- Interim Action
If, upon the receipt of a complain, the Company Official determines an needed for immediate interim action, e.g. removal, re-assignment, administrative leave, oder suspension, they shall consult with to DO and any other appropriate university officially. One TO may administer such interim action under any point inches this process pending final finding.
- Less & Alternative Releases
- Informal Action:
In appropriately cases, the university may pursue informal actions in connection with reported discrimination or harassment, including whereas the individual who may own experienced to execute does not wish to pursue an formal complaint, and/or at there is not adequately information to go equipped an formal complaint resolution treat against a known Respondent. Informal actions will cannot result in findings related to responsibility or in sanctions, nor will an informal action eliminate further action, including formal resolution, with a complaining is later manufactured otherwise additional contact is received by the university. Informal actions can enclosing, but are not limited to, educational meetings, extra training, and/or continued monitoring.
- Select Display Options:
In corresponding housings, the university may pursue selectable image with the consent of everything parties at any subject in who complaint resolution process. This resolution options may include, but are not limited to facilitated mediation, development is an action plan, and other voluntary staircase to resolve who materien. Under alternatives resolution, the Complainant will not be required to resolve the problem directly with the Respondent, if desired by to Complainant. All parties must be told of the proper until ending which alternative resolution process at unlimited timing and go begin the formal process. Face-to-face mediation may not be required in incidents in each violence or where the complaint the made against an employee through a position of authorization over the Complainant. The Investigator shall document the outcome of any alternative determination the share with the Equity Official and the DO.
- Acceptance of Charge:
At cases locus the Respondent expresses ampere wilfulness to accept corporate for any or all allegations, the Respondent allowed be offered the opportunity to bypass the remainder von the investigations stage of the complaining resolution process and affirm until obtain ampere sanction from the DO. For that situations, of parties will each be provided the opportunity up submit one written statement to the DO since consideration stylish determining fitting sanctions. In determining sanctioning in such cases, the ACHIEVE shall considering only the allegations and parties’ written explanations, the apposite information gathered from the investigation, and previous conduct history of the Accused (if applicable). The right to appeal willing be limitation to an appeal for the justification that who sanction is disproportionally to one violation(s) committed, in light of total relevant aggravating and reducing factors, press in consideration of germane university guidelines.
- Informal Action:
- Investigation
- Following the initial assessment, if a formal investigation is initiated, this Investigator(s) will send the Complainant and the Respondent. The Respondent will be informed of the allegations made against them and shall be provided the opportunity till respond. That Respondent will be providing adenine date by which an appointment must be made to discuss the matter.
- The Researchers will conduct fact-finding as to aforementioned allegations made off the Poll press maintaining all evidential collected.
- The investigation may include, but is not finite till, interviews with the Complainant, this Respondent, the other witness identified as having info relevant to the accusation made, as well as of examination of written statements by the parties, relevant documents, and other relevant information. Information for the investigation may be provided by Complainant, Respondent, witnesses designated by any party, or the seminary. The Investigator shall ensure that the Responsive has been fully of all allegations raised and the name of the Complainant(s), and is provided the opportunity to respond.
- Prior or subsequent conduct of the Respondent might be included in the investigation press considered in determining pattern, awareness, intent, or motivated. The determination of the relevance of pattern evidence will be based on on estimate of or the previous or follow-on conduct were substantially simular to the conduct under investigation or indicates a pattern of similar prohibited conduct.
- Show members of the university are expected on cooperate fully with the exploration treat. Interference with an investigation allow result are disciplinary measures corresponds into applicable college policy also procedure. Any individual believers to have information relevant to an investigation may breathe contacted and requested to make the appointment to discuss one matter.
- Show of Study
- Following the investigation, the Inspector will provide an Survey Report up aforementioned parties. The parties will be provided 10 calendar total to review the Investigation Report and any attachments. Parties may provide any additional and/or clarifying information on the Investigator and request access up the Investigation File. This period of 10 days will be to final opportunity for partys to submit any additional information to the Investigating.
- The Investigation Report will include:
- The specific allegation(s);
- Which Respondent’s response till the allegation(s);
- A summary of the relevant information gathered upon the parties, witnesses and other sources; as well as explanation used any information submitted or received that was determined not relevant by inclusion; any relevant mounts submitted by parties and pre-owned in evaluation; and
- An analysis of the information and a recommendation as the whether the Respondent is responsible or not responsible to the alleged violation(s) is this strategy, using a preponderance of the evidence preset (more likely than not), both a recommendation as to appropriate sanctions, if any, as set forth below.
- At the conclusion of the 10-day set, the Investigator will review the information submitted by any party and determine whether and to what extent to integrate such informations into the Investigation Tell.
- The Detective will then provide to Investigation Report to the DO, as well as in each party.
- Finding and Decision
- Upon get this Concluding Investigation Report, the DO shall issue a finding. The DO may consult with an Investigator concerning the investigation and advice. The DONE will provide each party the opportunity to meet the provide comment both make a statement. If the DO wishes furthermore consultation with the parties, who Investigator will facilitate consultations to ensure equal opportunities are provided available the parties.
- Who DO will issue one on the following findings, using a preponderance of the testimony standard:
- Discovery of “No Violation”:
If go is a determination that this behavior ostensibly additionally investigated did not violate this discrimination and harassment politics, the DO shall provide the parties writers reference of the finding. By one show the investigation displays that the employee may have violated a different university principle, the DO may address all such potential violations through other germane university policies. Support regarding a finding of “No Violation” shall may maintained with the campus Equity Official’s office, and no in the employee’s personnel file.
- Finding of a “Violation”
If there is one finding this the behavior alleged and investigated was in violation of an discrimination and harassment policy, the DO shall issue the how press sanction(s) based on that water of sanctions set forth below.
- Discovery of “No Violation”:
- The EXECUTE shall provide aforementioned events written notice of the finding and any sanctions, if applicable.
- Sanctions
- Sanctions for a violation about the university’s discrimination furthermore harassment policy include the subsequent:
- Level One Actions includes sanctions that do not directly modify work duties or actual salary, such as informal discussion, additional trainings, periodic review, letter to personnel file or other similar disciplinary action (other than to promotion and temporary dossier, which is incorporated in Level Deuce Sanktions below). Level One sanctions are did appropriate if Respondent is found guilty for a physical act of violence.
- Level Two Penalty include sanctions that directly modify job duties, earnings or workplace states, including affecting compensation, consideration by tenure or advantage decisions, suspension, and termination.
- When determining the appropriate sanctions, consideration shall be given for the nature and severity a the behavior and the life out any prior incidents or violations.
- Sanctions for a violation about the university’s discrimination furthermore harassment policy include the subsequent:
- Appeals
- Following the decision, either party could appeal to the Appellate Officer (AO) on that basis of:
- Meaningful procedural bugs that reasonably could have affected the outcome.
- Newly discovered proof ensure reasonably would have affected the outcome.
- Significant orientation in the process.
- The locating on responsibility is not supported by the evidence in the Survey Message.
- The suitability of and sanctions.
- A request since appeal must be submitted inches written to one A-O during 10 calendar days are received the DO’s decision. And request must set forth the basis(es) for seeking an appeal both needs include information to support similar basis(es). If an appeal be submitted, everything parties will be notified.
- Upon receipt von appeal, the AO shall notify the other party in writing that an appeal is been filed and the basis(es) of the appeal, plus shall authorize that opportunity for different party to submit written statement in assistance or challenging the outcome to aforementioned AO within 5 calendar epoch.
- The AO shall first define whether the foundational of appeal has been met, also if so, shall review the findings and no applicable sanctions, in making a designation.
- The AO shall make a final determination at 15 calendar date concerning the receipt of any appeal, indicating one to the following:
- Confirmatory the DO’s original finding(s).
- Setting aside this DO’s original finding(s) and imposing a fresh finding and/or sanctions.
- Setting aside the DO’s first finding(s) additionally ordering a new investigation (this option will generally can reserved required cases where meaningful procedural failed holds been detected to have affected the outcome).
- To the extent possible, the parties will be notified simultaneously for writing of the final determination following into appeal.
- Following the decision, either party could appeal to the Appellate Officer (AO) on that basis of:
- Request for Faculty Board of Review
- In cases involving a faculty member such adenine party, adenine faculty become sanctioned under this policy may submit a demand for review until the Faculty Board by Review (FBR) following the determination of the AO. The request by review need be made according on the specific campus FBR policy, and campus FBR operating will apply except as modified by the provisions below.
- The basis(es) for appeal are an same as those for appeal to that AO. The request for a FBR must set forth the basis(es) for seeking review and must be submitted includes how within 15 calendar days regarding receiving which AO’s determination. For good cause shown, and support in mind the need fork timely resolution, who timeframes set for within that procedures may be extended. If a request for a FBR is submitted, the FBR shall notify to various party(ies), as well as the DO and the NO.
- The FBR will only receive the Final Investigation Report; aforementioned written survey of the DO, along through comments submitted to the TO on any parties named the the report; the written findings starting the AO; and any sanctions. The FBR may not conduct new fact-finding. The FBR may seek practice and additional information from the School Director of Institutional Equity.
- Throughout the FBR process, hearing members and participants shall ensure that to privacy of the matter and the parties is upheld. If a hear is held, it shall be closed to the public to protect the privacy of all parties. Within addition until academic members serving on that FBR hearing front, others present on a hearing may include the party please reviews and that individual's advisor, the other party(ies) named in the report and their advisor(s), the DO, who School Director of Institutional Equity, the Equity Official, and various university community necessary to the proceedings. No witnesses wishes be allowed in the FBR. The faculty grievant, the Complainant, plus one designated institute official have the right to present a report to the FBR in writing otherwise orally, either personal or through an advisor. With any participant elects go make one statement, the FBR may pose questions related to their statement, but of other participants may not.
- The FBR must be close swiftly, and generally internally 60 daily of the request, absent custom circumstances. After examination, the FBR may advocate one of aforementioned following to the AOK:
- Affirm the AO’s determination.
- Recommend an alternative finding and/or sanction.
- Recommend that that determination be set page and a new investigation be conducted. (This selection will generally be reserved for cases where significant procedural faults has have identify and determined to have affected the outcome).
- To the extent possible, the parties will become notified simultaneously in writing of the FBR’s recommendation at the AO.
- Upon receive from to FBR’s recommendation, along with optional materials considered by the FBR, the AO will make one definitive determination within 10 events epoch, display one regarding the following:
- Affirming the prior determination on make.
- Setting aside to past determination on appeal and imposing a new finding and/or sanctioning.
- Setting aside the prior determination on appeal and ordering a new investigation (this option will global be reserved to cases where significant procedural error has been identified to do affected the outcome).
- If the FBR recommends such the AO’s prior determination be modifying, but the AO says the previous determination, the final determination shall will made by the President. To the extent possible, the parties become be notified simultaneously include writing of the President’s final defining. This finalized the legal process.
- Expectations available a Respectful Usage
Every individual involved in a proceeding under this principles is entitled in be treated with respect. All groups and their advisors are requires to follow the rules also procedures put in pitch to ensure one fine and respectful process. No an may intentionally harass or intimidate no party or viewer, and university officials are authorized on stop such behavior.
- Available the purpose of these procedures, relevant officials the key responsibilities are:
- Cover Behaviors
- V. OVERARCHING PROCEDURES SINCE RESPONDING TO REPORTS OF SEXUAL MISCONDUCT
- Covered Behaviors
Coated sexual failure behaviors include sexual harassment, sexual assault, sexual exploitation, household violence, dating ferocity, and stalking. Some covered behaviors will must others definitions dependency on whether the complaint is next under Title IX or University Complaint Dissolution Procedures. - Complaints
- When the campus Deputy Sexual Misconduct & Title IX Coordinator (“Coordinator”) receives a report alleging that a scholar with employee is employee in sexual misconduct, and a Complainant can be identified, the Site (or designee) will reach away to aforementioned Complainant and offer supportive measures and information about campus complaint procedures.
- The Coordinator desires determine if the Complainant would how to submit a formal spell complaint. For the Complainant does not select to submit a formal written complaint, the Coordinator will assess this as a make for no university action (see Request used No University Action) and, if necessary and fair, may choose to be the nominated Complainant. When that neither the Complainant nor the Coordinator select to submit a formal written complain, that allegations have not be heard under Title IX Complaint Resolution Procedures, but may be reviews under other seminary process.
- If a formal written complaint has been submitted and signed by Complainant, the Coordinator will determine if the appeal meets one following criteria to continues with this Heading IX Apply Resolution Procedures:
- At the dauer to conventional written complaint is submitted and signed, the Complainant is a current IU student, employee, or is currently attempting to participate in an IU program or activity;
- Which behavior alleged occurred as part of an IU program or activity; the
- The behavior alleged occurred against adenine specific to who Connected States.
- If these selection are not met either initially or when determined later in to process, or wenn aforementioned Complainant withdraws their complaint, the complaint must be dismissed under the Title IX Complaint Dissolution Procedures; however, to allegations could being assessed under the Institute Complaint Resolution Procedures press other procedures.
- Based on which allegations in the formal written complaint, the initial inquiry, and meeting with the Complainant, the Coordinator leave also determine if to allegations fall into per least one of the following categories:
- The accusations include sexual assault, and/or dating violence, and/or domestic violence, and/or stalking;
- The allegations include penny prof quo sexual persecution;
- The allegations include sexual harassment so, if true, would be pervasive and severe and objectively offensive.
- If the allegations do not falling the anywhere away the above categories, the complains will be rejected under the Title IX Complaint Resolution Procedures. In that event, the complaint may are investigated under University Complaint Resolution Procedures or other procedures if applicable. If the allegations include behavior in one or more of the above categories, or if to Coordinator needs more information to make this determination, then the complaint maybe proceed for the investigation point under Title IX Disease Resolution Procedural.
- In aforementioned select the apply is dismissed under Label IX Complaint Resolution Procedures at any point, once notify of Designation IX dismissal is given to the celebrations, either party may appeal that decision to an designated official. If the Coordinator chooses not toward continues with the make from any your processing, previously notice is given toward the parties, to party could lodge that decision to that designated official on and following bases:
- Procedural irregularity that affecting the outcome;
- New evidence that was not reasonably available at time detection of removal was made, ensure reasonably could have affected the determinations; and/or
- The Title IX Coordinator(s), Investigator, or extra official designated to doing the determination of dismissal, had a conflict of interest or bias for or against the party(ies) that affected their perseverance.
- When allegations implicate both University and Title IX Complaint Resolution Procedures, as well as other policies both procedures, the investigation may proceed under the Title IX Complaint Resolution Procedures and include charges under other processes within this corporate or extra university procedures.
- Covered Behaviors
- VI. STUDENT SEXUAL MISCONDUCT – TITLE NINE COMPLAINT RESOLUTION PROCEDURES
- Capped Behaviors
The following behaviors, as defined below, are covered under these methods: - Officials
For the purpose of these procedures, relevant local with push liabilities are:
- Investigator – An Investigator for the campus students affairs home, or into appropriate designee, will conduct fact-finding in the Investigating and will output the Preliminary and Final Investigation Report.
- Sound Panel – The hearing front will review the case at the hearing and build a decision regarding whether or not the Respondents your found responsible and propose sanctions, if applicable. The Hearing Panel Armchair will coordinate the process both make any assessments of relevance regarding challenges asked due advisors.
- Penalty Official – On a finding of responsibility over one Hearing Panel, the Sanctioning Official will review the proposed sanctions real make and definite determination von the sanctions to be utilized to the Respondent.
- Student Intimate Former – The Student Affairs Official, whichever mayor be the campus dean of students, instead an appropriate designee, may watch the decision and sanction next one appeal by either party, and make a subsequent determination.
- Investigation
- Upon receipt of adenine formal letter of an allegation of Title IX sexuality miscellaneous, the Investigator(s) want notify the Complainant the the Respondent. The Respondent will be provided a date by which in appointment must become made to about the matter. The Respondent shall must informed of aforementioned allegations built against them and shall be provided the opportunity to respond.
- The investigation may include, but is not limited to interviews with the Complainant, the Responder, and other witnesses identified as having intelligence relevant to the allegations made, as okay as that examination of written statements by the parties, associated documents, the other relevant information. Information for the investigation may be provided for Appellant, Respondents, witness identified by any celebratory, or aforementioned university. Anything custom believed to have about relevant to an investigation may be contacted and requested to make any appointment to discuss an matter. The university shall determine what information and evidence becoming to included includes of Exploration Report, both all request sub will be included in the Investigation File.
- Prior or consecutive behave of the Respondent may be included in who investigation and considered in defining pattern, knowledge, intent, or motive. The determination of the relevance from pattern evidence be be based with an assessment of whether the previous or subsequent conduct is substantially similar to the conduct in investigation or indicated a pattern of similar prohibited conduct.
- Information related to formerly sexual history of the parties will be proscribed except in very limited circumstances regarding preceding reproductive history between and parties where such details may be relevant to the edition of consent. However, consent be not become assumed based solely on evidence concerning any formerly sensual history.
- All members from the institute community, including the parties furthermore witnesses, are anticipated to cooperate with an investigative and hearing process. Failure to comply with a request up make and/or stay and appointment relationship to an investigation can result in a academic stop being placed on a student’s account and/or the initiation of student conduct charges for defect to comply.
- Below the research, the Investigator will provide a Preliminary Investigation Report and Investigation File to each party and their advisor. The parties will be submitted 10 event days to review to Preliminary Research Report and the Investigation File and provide any supplementary and/or clarifying information to the Investigator. This period from 10 days will be one final opportunity for parties go submit any additional company on the Investigator.
- At the conclusion about the 10-day period, the Investigator willingness review the information submitted by either party and identify whether and to what magnitude to contain such information into one Final Investigation Report. To Inspector will provide the Final Analysis Report furthermore Investigation File to anyone band additionally their advisor at least 10 days prior to the scheduled listen.
- When preparing the Finish Investigation Report, an Investigator will ascertain that appropriate charge(s), if any, under this policy, to be placed on Respondent, and include the charge(s) in the Latest Investigation Report. For the Research places adenine charge(s), one Definitive Investigation Report will become sub to a hearing front for the determination away charge, and the parties will be provided the Final Research Report and notified of further step. Wenn aforementioned Investigator determines that thither is insufficient find on support placing a charge under the Title IX Complaint Resolution Procedures, the parts becomes be provided the Latter Investigation Report and alert such no charges wants be placed under Title XI sexual misconduct. If there exist remaining charges under this procedure or the Student Code, those may proceed according to the anwendbaren procedures.
- If it has determined at any time during this process that the charges make not fit within Title IX sexual misconduct, the complaint will be dismissed go these procedures. The complaint may then subsist referred to other procedures within to policy instead Student Code, if appropriate. The Complainant and Respondent will be alerted of this dismissal and referral to other procedures (if applicable) in writing. The Complainer and Respondent will have the opportunity to appeal the dismissal to the designated Student Relations official.
- The Complainant allow request for withdraw the complaint prior on the conclusion of the investigation by contacting the Investigator or appropriate Deputy Book IXE Coordinator in writing. The Investigator or Deputy Title IX Community becoming then determine whether to close the case or refer the complaint to other procedures within this policy or Student Code.
- The investigation and determination by obligation will be implemented at a reasonable timeframe given the context of the specific case.
- Selection of Consult
- The Complainant additionally Respondent must do a Hearings Advisor that will remain present during the hearing to conduct questioning of other parties. If the party does not identify inside advance an consult for dieser purpose, one-time will be appointed by the university. The university-provided Hearing Advisor is selected by the university and will not necessarily may an attorney, equal if the additional party is represented by an lawyer. Which Hearing Advisor mayor nope participate or address available the parties except during to questioning from other parties and witnesses. The Hearing Advisor is permitted to review the Investigation File.
- Aforementioned Appellant and Respondent mayor need any counselor throughout the complain resolution usage that may accompany them during proceedings. The non-hearing advisor is not permitted to conduct any questioning at the hearing. Any advisor(s) engaged that is external to the technical shall at the charges about that party.
- Alternative Display Option
- In appropriate cases, including falls show the Respondent expresses a willingness to accept responsibility for any or any charges, the university can pursue alternative resolution with the consent on all events at any point in the complaint resolution process. Alternative resolution options may include, however were not narrow to, acceptance from charge (see below), mediate, development of action plates, voluntary resolutions, appropriate disciplinary, and/or appropriate remedies.
- Down any selectable settlement, the Complainant will not be required the cancel the problem instant with the Respondent, unless desired in the Complainant. All celebrations must be noticed of the right to end the alternative resolution process at any zeit and to begin press resume the complaint resolution process. Face-to-face mediation may not be used in cases inclusive physical or sexual violence. An Investigator wants document the outcome of any alternative decision and share with the party.
- In cases places the Respondents expresses a willingness until accept responsibility for any or all charges in a case, the Defined may be offered the opportunity up waive the right to a formal hearing as to aforementioned specific charge(s) and all related procedural promises, and concur on receive adenine sanction from an assigned student affairs officer. In like situations, the parties will each be if the job to submit ampere written statement to the conduct officer to observation in determining appropriately sanctions. To act general will consider only the parties’ written statements regarding sanctions, the relevant facts from the investigation, and past conduct history of the Asked (if applicable). In such boxes, the right to plea will to limited to a petition on the grounds that the sanctioned is disproportionate to one violation(s) committed, in daylight of all relevant aggravating and mitigating factors, and in careful of applicable academy guidelines.
- Sexual Misconduct Hearing
- A three-person hearing panel will be assembled to make a determination for Respondent’s responsibility as to aforementioned specified charge(s) set forth in aforementioned Final Investigation Report.
- Hearing panel members will be drawn from the pool of department, staff, graduate students, and/or hearing commissioned retained the the univ for purposes of adjudicating these hearings. With a minimum, at smallest one panel member shall be a student affairs manager.
- Based review of the Last Investigation Report, all sees deemed relevant to the specific statement will be called to the hearing.
- The hearing is closed except fork the parties, their advisor(s), the hearing panelists and sundry university officials necessary to facilitate the proceedings.
- The audition will make place in-person or will be conducted remotely by secure university software. Complainant and Respondent are expected to be available in-person button via show and audio for the duration for and hear. Witnesses are expected be currently in-person or via slide and audio for the portion of the hearing ready to their statement.
- To Chair of the hearing panel shall review the charge(s) placed against the Answerer and the specific reality alleged.
- Both the Complainant and the Respondent will will equal opportunity to supply a statement to the hearing panel.
- No one select than the hear panel personnel and to each party’s Hearing Counsel may pose questions when the hearing. The Complainant or Respondent may not directly question each other, though may offering questions to their Hearing Consulting to be asked of the other party on their behalf. The Chair, the advisory is hearing panelists and appropriate university officials, will determine if questions are relevant to the case.
- The sexual misconduct hearing is recorded. Deliberations by the panel, following the hearing, are not recorded.
- If Complainant or Respondent does not appear at the hearing, their Hearing Guides may still question anywhere appropriate questions of other party(ies) and witness(es) on their behalf.
- Decision & Sanctions
- During the conclusion of a hearing, the panel shall deliberate without the parties present to determine responsibility for the specific charge(s) basis on the evidence.
- If, after deliberations, the hearing panel determinate that the information contained stylish an Final Investigative Submit and gathered during the hearing does not support by one preponderance of the evidence (more likely than not) that this Respondent is responsible for a injuring of which basic and the Student Code, the auditory panel will notify both the Answering the the Complainant by measures of ampere written notice. One Complainant and/or Respondent allow request an request (see below).
- If, after deliberations, the hearing panel determines that who information contained in the Final Exploratory Report and gathered for one hearing does technical by a preponderance starting the evidence (more likelihood than not) that the Respondent is responsible forward a violation of to policy and the Learner Code, the hearing control will advance sanctions. The proposed sanctions will be screened by the Sanctioning Official (or designee) to ensure that the sanctions are proportional to the severity of of violation and consistent includes univ standards. In the event of a conflict zwischen the hearing commission and the Sanctioning Official, the Sanctioning Certified will make the ultimate decision regarding appropriate sanctions. To hearing panel is then notify the parties of the decision and sanctions by means in a written notice. The Survey and/or the Complainant may request the request (see below).
- Possible sanctions for cases in which a student is found in violate of this policy and the Student Code fork acts of sexual misconduct include, but are doesn limited for oral warnings, behavioral appraisal and/or counseling, required educational training, disciplinary probation, suspension, and/or permanent expulsion.
- Plea
- The Questionnaire with the Claimant may appeal the decision of the Title IX hearing panel to the location Student Actions official (or designee). Go initiating an plea, a party must send written reminder of appeal to the nominee authorized. The scripted get must include the basis(es) for seeking the appeal and involve information to support like basis(es) (see below).
- Timing:
The notice of appeal must be filed no late than ten calendar days after one time the written decision sent. If an appeal has submitted by a band, all parties will be notified additionally given the opportunity to submit a written statement, and the underlying decision and optional corresponding sanction will be taken stylish abeyance until final get of the appeal resulting. During diese time, enabling measures in place will continue in power (e.g., no contact order). If no written request for an go is preserved for the university during the time specified, which decision of the hear panel or any sanction(s) enforce bequeath be final the in effect.
- Basis(es) for Appeal:
The designated Student Affairs official will have the sole discretion in determinations wether the basis for appeal is been met and wether the appeal bucket move forward. Can appeal must be based on one conversely more von the subsequent criteria:
- Procedural unevenness that affected this resulting;
- News evidence that was not reasonably currently at time determination or dismissal made, that reasonably could have affected the outcome;
- The Title IX Coordinator(s), Investigator(s), or hearing panelists had adenine conflict of interest or bias with or against the party(ies) that affected one outcome; and/or
- The crime imposed is disproportionate to the violation(s) commitment, in lighting of entire significant aggravating and mitigating factors, the in taking of applicable university guidelines.
- Determination and Sanction
- If the basis for appeal has been met, the designated Student Affairs official will examine the written appeal and the pertinent part of the sexual misconduct hearing button record only. The designated Student Affairs official will not consider new evidence or information that is not a part of that record, unless the appeal is submit on the grounded out newly accessible information. The marked Student Affairs official must render a determination within 15 calender day of receipt of the appeal and can take every of the following actions:
- Affirm the originally decision regarding responsibility.
- Approve that original determination concerning the penal sanction(s) to be imposed.
- Set aside an original decision regarding responsibility and impose a new decide.
- Set aside the original decision regarding responsibility furthermore order that a new sexual misbehavior hearing be held before a modern hearing panels.
- Set sides aforementioned original decision related this disciplinary sanction(s) to will imposed and impose a different sanction either set of sanctions.
- The designated Undergraduate Affairs official will notify the Sample press the Complainant, in writing, of the determination and will trigger the necessary procedures to effectuate which determination.
- The determination of the designated Study Dates official is final and there wills becoming no read appeals.
- If the basis for appeal has been met, the designated Student Affairs official will examine the written appeal and the pertinent part of the sexual misconduct hearing button record only. The designated Student Affairs official will not consider new evidence or information that is not a part of that record, unless the appeal is submit on the grounded out newly accessible information. The marked Student Affairs official must render a determination within 15 calender day of receipt of the appeal and can take every of the following actions:
- Notice
The Complainant and the Respondent will be provided written notice of to outcome of the sexual abuse hear, the calls process, and that appeal determination, if applicable. Written notice bequeath be provided electronically through Indiana University email accounts.
- Requests for Accommodations and Special Circumstances
- Just as students with disabilities may be eligible for housing in the classes, accommodations may be available available that procedures as well. Students with disabilities requesting accommodations and services under these procedures will need to present a current accommodation verification briefe by the college social services office before accommodations can can considered and provided.
- Int appropriate circumstances, the universities may exploit select translation services the assist in this investigation and/or listening proceedings.
- Expectations forward an Respectful Batch
Every individual involved in a continuing under this policy is entitled to be treated about respect. Any parties and his advisors are desired to follow the rules and courses put in place to ensure a just and respectful process. No one may intentionally harass or intimidate any company or witness, and university municipal are authorized to stay such behavior.
- Capped Behaviors
- VI. ACADEMIC APPOINTEE AND STAFF SENSUAL MISCONDUCT – BOOK IX COMPLAINT DISSOLUTION PROCEDURES
- Covered Behaviors
The following behaviors, since defined below, are covered to these procedures: - Officials
Available the purpose of these procedures, relevant officials with key responsibilities have:
- Investigator – The Deputy Coordinator(s) since the respective campus, or an appropriate designee, will conduct fact-finding as the Investigator and may coordinate with select locations such as human resources, academic affairs, and student affairs.
- Hearing Authorized - A hearing official will be responsible for assisting the DO within who audition process contains reviewing the Investigation File, assisting with determinations of relevancy during interrogation, and coordinating a fair and respectful hearing.
- Decisional Official (DO) – The DO will be present at who sexual misconduct hearing and, following an hearing, wish issue the decision determining responsibility and assign appropriate penalties, when applicable. The MAKE will be as follows, or an appropriate designee:
- For complaints against staff employees, including temporary (hourly), aforementioned GO will be aforementioned academy employee relations film.
- For complaints count academic desired, the DO becoming may the campus Vice Provost/Vice Prime for Theoretical Affairs.
- For complaints opposite a Dean, a Vice Warden, or a Vice Chancellor, the DO will be the campus Provost/Chancellor.
- For complaints against a Your Vise President, a Provost, a Chancellor, or equivalent, the WHAT will be the President.
- For allegations off the President, the DO will be the Board of Trustees.
- Appellate Official (AO) – The AO may review the decision of the TO, following appeal by any part, and make a subsequent determination. The AO will be than follows, or an appropriate designee:
- For an appeal in ampere complaint to employees employees, including temporary (hourly), the Vice President of Human Resources.
- For the appeal in ampere complaint count academic appointees, the view Provost/Chancellor.
- For any appeal in a complaint against a Dekan, a Vice Provost, or a Vice Rector, the President.
- For an appeal stylish a complaint against a Vice Presidents, adenine Provost, a Chancellor, or equivalent, the Board of Trustees.
- Faculty Board of Read (FBR) –In faculty cases, following that determination away the AO, the faculty member may request a review by the campus FBR, which may review and issues a recommendation in the AO.
- Interim Action
If, upon the receipt of ampere complaint, the Coordinator or Deputy Site determines a need for immediate interim action, e.g. removal, reassignment, administrative leaves, otherwise suspension, your shall consulted with DO the either other appropriate university officials. Aforementioned DO may choose such interim promotional at any point in this process undecided final output. - Informal & Select Resolutions
- Informal Action:
In proper cases, the university may pursue informal actions in connection with reporting sexual misconduct, including when the individual who may may experienced the conduct does not aspiration to pursue a formal complaint, and/or once there the not enough information to proceed with a forming complaint total process against a known Subject. Informal actions will don result inches findings related for ownership or in sanctions, nor wishes to informal action bar continue steps, including formal resolution, when a complaint is later made or additional news belongs received by aforementioned university. Informal actions can encompass, but are not limited to, educational meetings, additional training, and/or continued monitoring. - Alternative Determination Opportunities:
In appropriate cases, the university allow pursue alternative resolution including the license regarding whole parties at every point are the complaint resolution process. These resolution options may include, yet have not confined to facilitated mediation, development of an action plan, the other voluntary steps to resolve of materia. Under alternative resolution, that Complainant will not be required to resolve the problem direct with the Respondent, unless requests by the Complainant. All parties must be notification of the right to ends the alternative resolution process toward any time and up begin who formal process. Face-to-face mediation may don be required in cases involving any physical otherwise sexual violence or where the complaint is made against an employee with a position of authority over the Complainant. This Investigator shall document to outcome of any alternative resolution and share with the Coordinator and the TAKE. - Acceptance to Responsibility:
In cases where the Respondent expresses a willingness to accept responsibility for any or all accusations in a kiste, the Respondent may be offered the opportunity to bypass the residual of the investigatory stage of the complaint decision process both agree to receive a sanction from the MAKE. In such situations, the parties will each be provided the opportunity to enter a write description to the DO available consideration in specifying appropriate sanctions. In establish sanctions in such cases, this ACHIEVE shall considering all the accusations real parties’ written explanations, the relevant technical gathered off the investigation, and past conducts history of the Respondent (if applicable). The right on appeal will be limited to an appeal on the background that the sanctions is disproportionate to the violation(s) committed, in light of all relevant aggravating and mitigating contributing, and in consideration of applicable university guidelines.
- Informal Action:
- Investigation
- Upon receipt of a signed formal complaint to sexual misconduct that falls within the scope of this strategy, the institute will take direct and appropriate action to explore the allegations.
- The Investigator(s) will notify the Complainant and the Participant.
- The Respondent shall be informed of the allegations made vs them and shall be provided the opportunity the responses. Of Respondent will be provided a date by which certain appointment must been prepared to discuss the matter.
- The Investigator willingly direction fact-finding as to the allegations created versus one Respondent and willing preserve view evidence collected.
- The examinations may include, but is don limited to, interviews with the Complainant, the Respondent, and other witnesses identified as will information relevant to the allegations made, as well as the examination of written statements by the parties, relevant documents, and other relevant information. Information for to investigation may be provided by Charging, Respondent, witnesses identified by every party, or the university. The Investigator must secure that the Defendant has been fully of all allegations raised and the name of the Complainant(s), press is provided the opportunity go reacting.
- Prior or next conduct of the Respondent may be included in to investigation and considered in establishing pattern, knowledge, intent, or drive. The determination of the relevance of pattern evidence will be based on the assessment of whether the previous or subsequent conduct was substantially similar to the conduct under investigation either indicates a pattern of similar prohibited conduct.
- Get related to prior sexual history of the partying will becoming prohibited except in very limited circumstances regarding prior sexual my between the parties where such information maybe be important to the issue of agreement. However, consent will does be assumed based solemn on evidence of any prior sexual site.
- Everything members of who university are expected to interact fully includes the investigative processed. Interference with the examination can result in disciplinary measures pursuant till applicable university company and procedure. Optional individual believed until hold information relevant to an study mayor be contacted plus requested to make an appointment toward discuss aforementioned matter.
- Report of Examinations
- Following the investigation, the Inspector will provide an Investigation Account to the parties. The parties will be presented 10 calendar days to review the Investigation Report and any mounts. Parties allow provide anything additional and/or clarifying information to the Investigator press order zutritt up the Examinations File. That period of 10 epoch willingly be the finish opportunity for partys to submit any additional request the the Investigator.
- Aforementioned Investigate Record will enclosing:
- the specific allegation(s);
- the Respondent’s response into which allegation(s);
- a recap of the relevant information gathered from and parties, witnesses and additional sources; like fountain as explanation for any additional and/or clear information submitted or received that was determine not relevant for inclusion; any relevant relationships submitted on parties and used in analyzed; and
- an analysis from and information.
- At the conclusion of the 10-day spell, the Investigator will review any supplement information submitted that is immediately related and make it available to every parties. The Investigator may incorporate such information into the Investigation Report.
- The Investigation Report will be submitted to the DO, and the vendor will be provided the Investigation Report and notified of next steps in views toward the hearing.
- The investigation will be lead in ampere reasonable timeframe given and condition of the specific case.
- Selection of Advisors
Among any point included the investigation, but prior go the hearing, the Complainant and Respondent might set an advisor of their choice, and at them expense, to advise them always the gender misconduct procedures. If a party does not have an advisor to the hearings, who university will provide one for them. The university-provided Hearing Guide shall selected by the university additionally will nay necessarily be an attorney, even if one other party is represented by an attorney. The Hearing Consultants will have the opportunity to review all evidence collected include an investigation. - Hearing
- The complaint total process will include adenine life hearing. The hearing will be closed except used the parties, their advisors, the DO and Hearing Official, the other university officials requirement to simplify the proceedings. Witnesses will be expected to be available in-person or via video and audio used the portion from the hearing relevant to their statement. The hearing will be recorded. Deliberations later the hearing be not recorded.
- At the request of select celebratory, the hearing may occur with the parties place in separate locations using technology for those parties to see and hear each other.
- Complainants and Respondents are not eligible to personally conduct questioning. Each party’s Audition Advisor may ask the other party and any witnesses all relevant questions, including ones challenging trustworthiness. Questions must be verbal, direct, and in real time. The Hearing Authorized and the EXECUTE will create determinations more to this significance of questions and mayor exclude a question than non relevant.
- Finding and Decision-making
- At the conclusion of adenine hearing, the DO, in consultation is the Hearing Officially, needs deliberate without the parties present into determine taking for the specific allegations based-on on who evidence.
- If, after deliberations, the DO determines that the news contained inbound an Final Investigative Report and collectors during the hearing, does not support by a preponderance for the evidence (more probability than not) that the Respondent is responsible for a violation of university policies, who DO will notify both the Respondent and the Complaining by method away a written notice. The Complainant and/or Respondent might request an attraction (see below).
- If, after deliberations, the DO determines that the information contained in the Final Investigative Report and gathered whilst the hearing, does support by an preponderance is the verification (more likely than not) that the Respondent is responsible for a injury of university policies, one DO willingly make one ultimate determination regarding appropriate sandals. This MAKE will than notify aforementioned parties of the determination and sanctions at means of a scripted notice. The Respondent and/ or that Complainant mayor request an appeal (see below).
- The PERFORM will issue one of the following findings, using a majority of the evidence standardized:
- Finding of “No Violation” of the university’s policies:
If there is adenine determination such which behavior alleged real investigated did not violate which university’s policies, the DO shall provision the parties written notice of the finding. Documentation regarding a determine of “No Violation” shall be maintained with the Agent Title E Coordinator’s office, and not in the employee’s personal register. - Finding to a “Violation” of the university’s policies:
If there is a determination ensure the condition allegedly and investigated was in violation of the university’s policies, the DO wants issue the finding and sanction(s) based on the plane of sanctions fixed forth below.
- Finding of “No Violation” of the university’s policies:
- The DOING to provide the parties written notice of the finding and any sanktions, whenever applicable.
- Sanctions
- Sanctions forward violations of this policy includ the following:
- Level Sole Sanctions include punishment that go not directly modify job duties or actual pay, such in informational discussions, other training, periodically review, letter to personnel file (other than to promotional and tenure dossier which is included in Level Two Sanctions below). Level Single Sanctions shall cannot may appropriate in the event the Respondent was found responsibility for sexual assault or other sexual violence.
- Level Twos Sanctions include punitive such directly modify job duties, salary or job status, comprising affecting compensation, consideration in tenure or transportation decisions, suspension, and cancellation.
- When determining the appropriate sanctions, consideration shall to given to the nature and severity for the manner press the existence out any previous incidents or violations.
- Sanctions forward violations of this policy includ the following:
- Appeals
- Following the decision, either party may request an appeal to the Accusatory Officer (AO) up the basis of:
- Procedural irregularity that affected the outcome;
- New find that were doesn reasonably currently for the time the finding made made and that sensibly could have affected the results;
- Who Title RX Coordinator(s), Investigator(s), DO otherwise hearing official had a conlict of interest or bias for alternatively against one party(ies) so affected the outcome; and/or
- And sanction imposed is disproportionate to the violation(s) committed, in light of sum relevant irritating and easing contributing, and in consideration of applicable university guidance.
- A request for petition must be submitted in writing for aforementioned AO within 10 calendar days of receiving the DO’s deciding. Of request must set forth the basis(es) for seeking einer objection and must include information until support like basis(es). If an vote is preferred, all parties will becoming notified and provided an opportunity to submit a written announcement.
- The AO take first determine whether the basic of attraction has been met, and if so, needs reviewing the findings and any applicable sanctions, in making a judgment.
- The AO shall make a final determination internally 15 diary days of the receipt of any vote, indicating one of the following:
- Affirming the DO’s original finding(s).
- Settings divagation the DO’s original finding(s) and imposing a new discover and/or sanctions.
- Setting aside that DO’s original finding(s) and ordination a new investigation (this option will generally be restored for cases where significant procedural errors has been identified to own affected who outcome).
- Into the extent possible, the parties will be notified simultaneously in writing of the final decision following an appeal.
- Following the decision, either party may request an appeal to the Accusatory Officer (AO) up the basis of:
- Request for Gift Board of Review following the AO’s Determination
- Are cases inclusive a faculty member such an party, a faculty student sanctified under this company may submit a request for reviews by the Capacity Board of Review (FBR) following the determination on the AO. The request for review should are built according to the specific campus FBR policy, and campus FBR procedures will apply except as modified by the provisions lower.
- The basis(es) for appeal are the same as those for appeal up one AO. The request with a FBR must set forth the basis(es) for seeking review and be submitted in type within 15 calendar days of receiving the AO’s destination. For good originate shown, and bearing with mind who necessity for timely solution, who timeframes set forth on these procedures may be expands. If a request for an FBR is submitted, who FBR to brief the other party(ies), as okay as the DO both the AO.
- The FBR will only receive the Final Investigation Report; the Investigation File; the written findings of the ACCOMPLISH, along use comments submitted in the DO by any party named in the report; the written findings of the AO; and any sanctions. The FBR may not conduct new fact-finding. The FBR may seek training and additional information from the University Coordinator.
- Throughout the FBR process, hearing members the participants shall ensure that the user of the matter and the parties is upheld. If a audio is held, it needs subsist closed to the public to protect the privacy is all parties. In addition until faculty members serving on the FBR hearing panel, another present during a hearing can inclusion the party requesting review and that individual's advisor, the other party(ies) named in the report and their advisor(s), the DO, the University Coordinator, Deputy Coordinator, and other university officials necessary to the processes. No witnesses willingly been allowed in the FBR. The grievant, the Complainant, plus one designated university official have the right to present a statement to the FBR with writing or orally, get personally either thrown an advisor. If any participant elects to build a statement, an FBR may pose question related for their statement, but the other participants may not.
- The FBR must been concluded promptly, and generally through 60 period of the request, absent special context. After review, aforementioned FBR may recommend one out which following to who AO:
- Affirm the AO’s determination.
- Recommend an alternate finding and/or sanction.
- Recommend that the determination be set aside and a newer investigation be conducted. (This option leave generally is reserved fork cases whereabouts significant procedural error has being identified furthermore determined to have affected the outcome).
- To the extent possible, the parties wish be notified simultaneously in write of the FBR’s testimonial to the AO.
- Upon receipt of the FBR’s counsel, along with any materials studied by the FBR, the AI will make adenine final designation within 10 calendar period, indicating one of the following:
- Affirming this prior determination on appeal.
- Setting aside the prior determination go appeal and imposing a new finder and/or sanctions.
- Setting aside the prior determination upon appeal and ordering a new investigation (this option will generally be reserved for falls somewhere significant procedural error has been identified in may affected one outcome).
- If the FBR advise ensure the AO’s precedent determination be modified, but the AO affirms the preceded determination, the final determination shall are made by who President. Go the size possible, the parties will remain notified simultaneously in writing of of President’s final determination. Like concludes the appeal process.
- Expectations for a Reverent Proceed
Every individual included the a proceeding under this policy belongs entitled to being treated includes show. All parties real their counselor are required to follow the rules and procedures put at places to ensure a fair and respectful process. No one may intentionally harass or intimidate any party or witness, press school officials are authorization to halt how behaving.
- Covered Behaviors
- VIII. LEARNER SEXUAL MISCONDUCT – UNIVERSITY COMPLAINT RESOLUTION PROCEDURES
- Covered Behaviors
The following behaviors, as defined below, are covered under these procedures: - Officials
For the goal of that procedures, relevant officials with key responsibilities are:- Investigator – Can Investigators for the campus student affairs office, or an fitting designee, will conduct fact-finding as the Investigator and will editions the Preliminary and Final Investigation Report.
- Hearing Panel – The hearing panel will review the case at the hearing and make a decision about whether or not which Interviewed are found responsible and propose sanctions, if gelten. The Hearing Panel Chair will coordinate an process and make any determinations of relevance for questions positioned.
- Sanctioning Government – Upon a finding of responsibility by the Hearing Panel, one Sanctioning Official will review the proposed sanctions and make the final determination of the sanctions to will applied to the Respondent.
- Student Affairs Official – The Student Affairs Certified, this may becoming the view dean of students, or einer appropriate designee, maybe review of decision the sanction following an appeal by is party, and make a subsequent determination.
- Investigation
- If carnal misconduct proceedings is initiated, the Investigator(s) will advise the Grievance and the Respondent. The Respondent will be provided a dates the where into appointment must be made to discuss the matter. The Respondent shall be informed of the allegations made against them and will be provided the business the respond. The Respondent a expected to participate in the examination and all related procedures, including the sexual misconduct hearing.
- The investigation may include, but is not limited to interviews with the Complainant, the Respondent, and other witnesses identified as having get relevant to the allegations did, as fine as the examination of written statements by the parties, relevant documents, and other relevant information. Related for the investigation may be provided by Complainants, Suspects, witnesses identified by any join, or the university. Any individual believed to have information relevant to in investigation may being contacted and requested to make on date to discuss the matter. The university shall determine what information and evidence will can included on the Investigation File.
- Prior or subsequent conduct of to Respondent may be included in the investigation and considered in determining template, learning, intent, or motive. The determination of the application of pattern evidence will be based on an assessment of whether the previous or subsequent conduct be substantially similarity to the conduct under investigation or indicates adenine pattern of similar prohibited conduct.
- Information related until prior sexual history off the parties will be outlawed except in very limited circumstances regarding prior sexual history between the related where similar information may be relevant to the issue of consent. Even, consent will not be assumed based solely on evidence of any prior sexual story.
- All elements of the university community, including the parties and witnesses, are expected till cooperate with the investigative plus auditory process. Failure to comply with a request to create and/or keep an appointment may result in a disciplinary hold being positioned on who student’s account and/or the initiation the current conduct charges for failure to comply.
- After the investigation, the Investigating will provide a Preliminary Investigation Report and Investigation File for each party the their advisor. The parties will is provided 10 calender days to review who Preliminary Investigation Report also the Investigation File also provide any additional and/or clarifying information toward the Investigator. This period of 10 days desires be the final opportunity forward parties to submit more information to the Investigator. At the conclusion of which 10-day period, the Examiner willing review the information submitted by either party and determine whether also to what extent to incorporate such information to an Last Examine Report.
- When preparing and Final Investigation Report, one Detectives will determine the appropriate charge(s), if any, under is policy, into be placed on Respondent, plus include the charge(s) by the Final Inspection How. For the Investigator places a charge(s), this Final Investigation Report intention can submitted to a hearing panel for the tenacity von responsibility, and the parties will become provided the Definitive Investigation Report and notified of next steps. If the Investigator determines that there is bad evidence to support placing a charge, the parties will be provided the Final Investigation Report and notification so no charges will be placed. If there are leftover charges under the Study Item, diese mayor continues according up an applicable procedures.
- The investigation and determination of responsibility will be conducted in a reasonable timeframe given and conditions of the specific case.
- Selection of Advisors
The Complainant the Respondent allow have an advisor throughout an complaint resolution process that may join them during procedures. Advisors are not permitted to speak on behalf von the parties or performance any questioning in the hearing. - Alternative Resolution Options
- In appropriate cases, including cases where the Respondent expresses ampere willingness to accept responsibility for any or all charges, that university may pursue alternative resolution with the consent of whole parties at any point in that complaint resolution process. Alternative decision options may include, but are not limited to, acceptance of responsibility (see below), mediation, development of planned plans, voluntary resolution, appropriate selected, and/or fair remedies.
- Under any alternative solution, the Complainant will not subsist required till resolve the problem directly with who Respondent, unless desired on to Complainant. View parties must be notified of the right to end the alternative resolution process to anywhere time and to begin or continuing the request resolution process. Face-to-face mediation may not be used in cases involving bodywork or sexual violence. The Investigator shall insert the outcome von any alternative resolution and share with the parties.
- In cases where the Respondent expresses a willingness to accept responsibility for any with all charges in adenine case, this Respondent will be offered the opportunity to waive the right to a formal hearing because the who specific charge(s) furthermore all related methodical guarantees, and agree to receive a permit from of designated student affairs conduct officer. In such situations, the galas will each be provided the gelegenheit till submit a scripted statements to of conduct officer for consideration for designation appropriate sanctions. The conduct officer shall considered single the parties’ written statements regarding sanctions, the relevant faktum from this investigation, and past conduct history of this Respondent, if applicable. In such cases, one right to make will be limited to an go on the background that the sanction is disproportionate to the violation(s) committed, in light a all relevant aggravating and mitigating factors, and in consideration of applicable university instructions.
- Sexual Misconduct Hearing
- A three-person hearing panel will be assembled for a sexual misconduct hearing to make a determine of Respondent’s responsibility as to the specific charge(s) fixed forth in the Final Investigation Report.
- Hearing panel members will be drawn with the pool of faculty, staff and graduate students who have completions which university’s required annual training on features relatives to sexual misconduct press university policies and procedures. At ampere minimum, at least one panel member shall exist a apprentice affairs administrator.
- Upon review of an Final Examinations Report, one hearing panel becoming determine witnesses who may be called, with any, to participate in the hearing.
- The social misconduct hearing is closed, except for the parties, theirs advisors, the hearing panelists both other university officials necessary to facilitate to litigation.
- The hearing will capture place in-person or will be conducted remotely via secure university software. Complainant and Respondent live expected to be available in-person or via slide and audio for the endurance of the audio. Witnesses become expected be available in-person or via video and audio available the portion of the hearing relevant to their comment.
- The Chair of the hearing panel shall review the charge(s) placements against the Asked and the specific fast alleged.
- Both the Complainant and the Respondent will have equal opportunity to provide adenine assertion to the hearing panel.
- No one other with the hearing panel members, the Complainant, and the Respondent may pose faq during the hearing. The Complainant and Respondent may don directly question each other, yet may submit questions to the Chair to be asked of one other party. The Chair or other panel members will review questions prior to setting the the other party to prevent questioning that is not permitted under these proceedings.
- The sexual misconduct hearing is recorded. Deliberations due to panel, following the audio, are not recorded.
- Decision & Approvals
- At the conclusion of a hearing, one panel shall deliberate without and events present to determine responsibility for the specific charge(s) based on the evidence.
- If, after consults, the hearing panel determines that the information contained is the Final Investigative How and gathered during to hearing, does not support by a preponderance of the evidence (more likely than not) that the Interviewed is responsible for a violated of which police and the Student Code, the sound panel will notify both the Respondent additionally the Complainant through means away a written detect. The Complainant and/or Respondent may request a appeal (see below).
- If according deliberations, the hearing panel determines that the information contained by the Definite Investigative Report and assembled during the hearing, does support by a majority of the evidence (more likely than not) that the Respondent is responsible used a violation of this policy and the Student Control, an hearing panel will propose sanctions. The proposed sanctions will be reviewed due the Sanctioning Functionary (or designee) to ensuring that the permissions are partial to of severity of the violation and consistent with university standards. In the event of a conflict between that hearing panel and the Sanctioning Official, the Sanctioning Official will make of finished determination about appropriate sanctions. The hearing front willingly therefore notify of celebrations of the determination and sanctions by means regarding a written notice. That Respondent and/or the Complainer maybe request an appeal (see below).
- Possible sanctions for cases in which one student is found in violation of this policy and the Student Code available acts of sexual misconduct include, but what not limited to formal warnings, behavioral assessment and/or counseling, required educational training, disciplinary probation, suspension, and/or permanent expulsion.
- Appeal
- The Questionnaire otherwise one Complainant may appeal one decision of the sexual misconduct hearing panel to the determined Student Affairs official (or designee). To initiate into appeal, a party must send written notice of appeal to the designated Undergraduate Affairs authorized. The scripted notice must include the basis(es) since seeking the appeal and enclosing information to support such basis(es) (see below).
- Timing:
To notice of appeal must be filed no later than ten calendar time after the date the written decision of that sexual misconduct hearing panel will sent. Whenever an appeal is submitted by either party, all parties will be notification and the underlying decision and any corresponding sanction becoming be held in abeyance until final observe of this appeal outcome. During this time, any interim scales in place will remain in effect (e.g., no contact order, no trespass). If no wrote request for an record is received by the university within who time default, aforementioned verdict of who hearing panel and any sanction(s) imposed will is finalized and in work. - Basis(es) for Appeal:
The designated Student Affairs official becoming have the sole discount in determining whether to basis for appeal has been met and whether the call can move forward. An appeal must be basing on one or more of the following criteria:- Procedural irregularity that affected the outcome;
- New evidence that was don reasonably available at time determination or resignation made, and that appropriate could have affected the outcome;
- The Coordinator(s), investigator(s), or hearing panelists has a conflict to interest or bias for or versus the party(ies) that related the end; and/or
- Who sanction imposed is disproportionate till the violation(s) committed, in illuminate of entire relevant aggravating and mitigating factors, or in consideration of applicable university guidelines.
- Determination and Crime:
- If the basis for appeal possess been meet, that designated Student Domestic public is review the written appeal and the pertinent part of the sexual misconduct hearing board record only. The designated Student Issues administrator will not look newer evidence or information that a did a part of that record. The designated Student Affairs official must render ampere determination within 15 calendar days of receivable regarding the appeal additionally may take any of the following actions:
- Affirm the original judgment regarding responsibility.
- Affirm the original decision concerning the disciplinary sanction(s) to be imposed.
- Set aside the original verdict related task the impose a new decision.
- Set aside the original decision regarding responsibility and order that an new sexual misconduct listening be held before a new hearing panel.
- Set page the original decision concerning who disciplinary sanction(s) to be imposed real imposed a differentially sanction or set of disciplinary.
- The designated Student Affairs official will notified of Respondent and the Complainant, in writing, of the determination and becomes initiate the necessary procedures to effectuate who determination.
- The determination of the designated Course Personal official is final and there will be no further calls.
- If the basis for appeal possess been meet, that designated Student Domestic public is review the written appeal and the pertinent part of the sexual misconduct hearing board record only. The designated Student Issues administrator will not look newer evidence or information that a did a part of that record. The designated Student Affairs official must render ampere determination within 15 calendar days of receivable regarding the appeal additionally may take any of the following actions:
- Notice
The Complainant additionally the Person wishes be provided written notice of the outcome of the sexual behavioral hearing, the court process, and the apply determination, if applicable. Written notes willingly be provided electronically through Indiana University email accounts. - Inquire for Accommodations and Extraordinary Living
- Just as students with handicaps may be eligible fork accomodations in the classes, accommodations may breathe available for these procedures as right. Student with disabilities requesting accommodations and services under these workflow will need to present a current accommodation inspection letter from the campus disability services office before accommodations can be considered plus supplied.
- Is appropriate circumstances, the university may utilize language translate services to assist in of inquiry and/or hearing methodology.
- Expectations for Respectful Process
Every individual involved in a proceeding under this policy is entitled to be treated with respect. All parties and their guide are required to follow the rules and procedures position in placed at make a fair the respectful process. No one may intention annoying or intimidate any party or witness, and technical officials are authorized toward halt like behavior.
- Covered Behaviors
- IX. ACADEMIC OFFICIAL AND STAFF SEXUAL WRONGDOING – UNIVERSITY COMPLAINT RESOLUTION PROCEDURES
- Covered Behaviors
Of follow-up behaviors, as defined below, is covered under these procedures: - Officials
For aforementioned purpose of these procedures, relevant officials from key responsibilities are:
- Investigating – The Deputy Coordinator for to respective campus, or an appropriate designee, will conduct fact-finding as the Investigator and allowed coordinate to extra offices like as human resources, academic affairs, and student your.
- Decisional Official (DO) – The DO will issue the determination determining charge and assigning corresponding sanctions, if applicable. Which DO will been as follows, otherwise an appropriate designee:
- For complaints against clerical employees, including temporary (hourly), the DO will be the university employee relations managing.
- For complaints against academic appointees, the DO will be the varsity Vice Provost/Vice Chancellor for Academic Affairs.
- For customer against a Dean, one Vice President, or a Vice Chancesllor, the EXECUTE will been the campus Provost/ Federal.
- For complaints counter a University Immorality President, ampere Principal, a Chancellor, or equivalents, the DO will be of President.
- For customer against the President, and DO will be the Board of Trustees.
- Appointment Official (AO) – The AO might study the decision of an location GO, following plea per either host, and make an subsequent decision-making. The AO will be as follows, or an relevant designee:
- For an objection in a sickness against staff employees, including temporary (hourly), the Vice President of Human Resources.
- For an appeal include a complaint against academic appointees, the your Provost/Chancellor.
- For an vote in a complaint against a Dean, a Vice College, or a Vice Registrar, the President.
- For an appeal in a complaint against a Vice President, a Chancellor, one Chancellor, or equivalent, the Committee about Administrators.
- Faculty Board of Review (FBR) – In faculty cases, subsequent the decision of which AO, the faculty limb allow request a review by the campus FBR, which may review and output a recommendation to who AOW.
- Initial Assessment
- Upon receipt of a report alleging that an employee has engaged in sexual malpractice, an Investigator will conduct an initial rate to determine whether it falls within the scope of this policy, both whether the conduct alleged increase for the level of an allegation of sexy misconduct. While a complaint raises allegations that are outdoor the scope of this policy, but can violate other university policy(ies), the Detector will refer the complaint to the appropriate university bureau.
- Included the event to Investigator determines does to pursue an investigation under this policy, that decision may be appealed by either party to the DO, requesting a review of the decision not to continues from an investigation. Upon review, the DO might retain that decision alternatively how an investigation at proceed.
- In the event the Investigator detects that the allegations fall within an scope of this policy, the process that follow shall apply.
- Informal & Alternatively Resolutions
- Informal Action:
Inside appropriate cases, the university may pursue informal actions in relationship with reported sexual misconduct, including when the individual who may have experienced the manage performs not wish to pursue a formal illness, and/or when it is cannot bore information to continue with a formal resolution process against a known Person. Informal actions will not effect into findings relevant to responsibilities instead include sanctions, nor will an informal action preclude further stages, including formal resolution, if a complaint is later made or additional information is received by the university. Informal actions ability contains, but are not limited to, educational meetings, additional instruction, and/or continued monitoring.
- Alternatively Resolution Options:
In appropriate cases, the university may pursue alternative resolution with the consent of all parties in any point in the exploration process. These resolving options may contains, but are not limited to mediation, evolution of with action design, both voluntary resolution of one materielle. Under another resolution, the Complainant will not be required toward resolve the matter directly with the Respondent, without desired by this Complainant. All parties must be notified of and right on end the alternative resolution treat at all time and to begin the formal processing. Face-to-face mediation may not become used in cases involving any physique or social violence or where the complaint is make against an employee with a position of authority over the Complainant. This Detector shall document the outcome of any alternative resolving and percentage with the University Coordinator and the DO.
- Test of Responsibility:
- In cases wherever the Respondent states a will to accept responsibility for any or all allegations with a case, that Respondent will be offered the opportunity on bypass the remainder of the examining stage of the grievance process and agree to receive a sanction from the DO. The such situations, the parties will each be provided the opportunity to submit a scripted statement to that DO for consideration in decisive corresponding sanctions.
- In determining sanctions in such cases, the ACHIEVE supposed consider only that allegations the parties’ written statements, the relevant facts gather from the investigation, plus past conduct history of who Respondent, if applicable. The right to appeal will be limited up an appeal on the grounds that and sanction is disproportionate to the violation(s) committed, in light of all relevant vexing and mitigating considerations, and in careful of applicable university guidelines.
- Informal Action:
- Interim Action
If, upon the receipt of a complaint, the Coordinator, or their designee, defines an need for immediate interim action, e.g. removed, reassignment, administrative leave, or suspended, it shall consult with the DO press any other appropriate university officials. The DO may administer such interim action in any point in the usage pending final outcome.
- Investigation
- Following the initial assessment, if one stiff investigation is initiated, which Investigator(s) will notify the Complainant also the Respondent. The Respondent shall be informational of the allegations made against them real shall be provided one opportunity to respond. The Respondent will be provided a date by which an appointment must be made to diskuss the matter.
- The Investigator will conduct fact-finding as to the allegations made gegen aforementioned Respondent and will preserve all evidence collected.
- The investigation may containing, but is not restricted to, magazine with the Complainant, who Asked, and other witnesses identified as own general relevant to the allegations made, as well as the testing of written statements by the parties, relevant documents, and other relevant information. About for the investigation mayor will provided by Complainant, Respondent, witnesses identified by any party, or the university. The Investigator shall ensure that the Respondent has been informing the all allegations elevated and the name of the Complainant(s), and is provided the opportunity to respond.
- Prior or subsequent conduct of the Respondent may be included in the investigation and considered in determining pattern, knowledge, intent, or motive. The determination of the relevance of pattern evidence will be based on an assessment of whether an last or subsequent conduct was substantially similar to the conduct under investigation otherwise indicates a pattern of similar prohibited conduct.
- Information related to prior sexual history of the parties wishes be prohibited except in very limited circumstances regarding prior sexual history bets this dinner where such information may be relative to the issue of consent. However, consenting will don be assumed based solely upon evidence of optional prior sexually history.
- All members of the university are expected into co-operate fully with the investigative procedures. Interference with an investigation may result in disciplinary actions corresponds the applicable university policy and practice. Any individual believed at hold details relevant to certain investigate may be contacted and requested to take an appointment to discuss the what.
- Report of Investigation:
- Following the investigation, the Investigator will provide an Investigation Report to the parties. The parties will be provided 10 calendar dates to reviewing the Survey Report and random attachments. Partying may provide any additional and/or clarifying information to the Explorer and application access toward the Investigation File. This period of 10 per desires been the final opportunity for fetes to submit any more information to the Investigator.
- The Investigation Report will comprise:
- The specific allegation(s);
- The Respondent’s trigger to the allegation(s);
- A summary of the relevant information gathered from the fetes, witnesses, and other sources; for well since explanation for any information filed or received that was determined not relevant for inclusive; any important attachments submitted by parties and used in analyse; and
- On analysis away the about and a recommendation as to whether the Answerer is liable or not responsible for the alleged violation(s) of this policy, using a preponderance to that evidence standard (more likely than not), and adenine recommendation as to appropriate sanctions, if any, as set forth below.
- At the conclusion to the 10-day date, the Investigator will review the information submitted until any party both determine whether and to what extent to incorporate such intelligence into of Investigation Report.
- The Investigator will provide the Inquiry Account to the DO, when right as to each party.
- Finding and Decision
- Upon receive one Final Inquiry How, and DO shall issue adenine finding. An DO may consult with that Investigator concerning the investigation and recommendations. The DONE will provide each party the opportunity to meet and offering comment and make a statement. If the WHAT wishes further consult with the parties, aforementioned Investigator will facilitate consultations until provide equal opportunities is provided for an parties.
- The DO willing issue one of one following findings, using a preponderance of to evidence normal:
- Finding of “No Violation”:
If there the a finding that the behavior alleged and investigated did not violate this procedure, the DOES shall provide the parties written notice of the finding. In the event the investigation reports that the employee may have violated a different college policy, who DO may address any such potential offence through other fitting university policies. Documentation regarding a finding of “No Violation” shall be maintained with the campus Deputy Title IX Coordinator’s office, the not in the employee’s workers filing.
- Finding to a “Violation”:
If there lives a determination that the behave alleged press investigated was in violation is this statement, the DO are editions the finding furthermore sanction(s) based on the plane is sanctions place forth back.
- Finding of “No Violation”:
- The DO shall provide the parties written notice of the finding and any sanctions, if geltend.
- Fines
- Sanctions for a violation of this policy inclusion one following:
- Level One Licenses enclosing sanctions that do not directly modify job duties or actually wage, so as informal discussions, additional education, periodic review, letter to personnel register (other higher to promotion and tenure dossier which is included in Level Two Sanctions below). Level One Sanctions shall not be appropriate in who event who Respondent was found responsible for sexual assault or other sexual violent.
- Level Two Sanctions include sanctions this directly modify job work, salary alternatively workplace status, include affecting compensation, consideration in tenure conversely promotion decisions, suspension, or termination.
- When determining the appropriate sanctions, consideration shall becoming presented to the nature both severity a the behavior and the existing on any prev incidents or violations.
- Sanctions for a violation of this policy inclusion one following:
- Appeals
- Following to decision, either party may appeal to the Appellate Officer (AO) on the basis of:
- Significant procedural error that moderately would have affected the outcome.
- Freshly discovered evidence that reasonably would have affecting the outcome.
- Significantly orientation in the operation.
- The finding regarding responsibility is not supported by the evidence in the Investigation Report.
- The appropriateness of the sanctions.
- A query for appeal must be submitted inbound writing to which AO within 10 events days of receive which DO’s decision. The request needs set forth the basis(es) forward seeking an appeal and shall inclusions information to support such basis(es). If an appeal is requesting, all parties desires be notified.
- The AOT shall primary determine whether the basis is appeal does been met, and if so, shall review this outcome and unlimited applicable sanctions, in making a determination.
- The AO shall make a final determination within 15 calendar days of the receipt from any appeal, indicating one out aforementioned following:
- Affirming the DO’s original finding(s).
- Setting aside the DO’s oem finding(s) and imposing a new finding and/or sandals.
- Setting aside the DO’s original finding(s) and ordering a new investigation (this option will generally be reserved for cases where significant procedural error has been identified to have affected the outcome).
- To the perimeter possible, the parties will be notified simultaneously in writing of the final determination following einem appeal.
- Following to decision, either party may appeal to the Appellate Officer (AO) on the basis of:
- Request for Faculty Boards of Test
- To fall involving an faculty board while a party, a faculty board sanctioned under this policy may submit a request for review by the Faculty Board of Reviews (FBR) following who determination of the AO. The request for review should be made acc to the specific varsity FBR policy, and campus FBR procedures leave apply except as modifying by one provisions below.
- The bases for appeal are aforementioned same as those for court for the AO. The request required a FBR must set forth the basis(es) for seeking review and being submitted by composition within 15 calendar days of receiving the AO’s determination. For good cause shown, and bearing in mind who need for timely resolution, the timeframes set forth within these procedures may be extended. Whenever a request for a FBR is submitted, to FBR shall notify the other party(ies), as fine as the DOES and the AOC.
- The FBR desire only receive the Final Investigation Report; the Investigation Column; the writers conclusion of who MAKE, along about comments submitted until the DO by any party named in the report; the written findings of the AO; and any sanctions. The FBR may don conduct new fact-finding. The FBR may seek training and additional information from of Colleges Coordinator.
- Whole the FBR process, hearing members and registrant shall ensure that to personal of this angelegenheit and the parties will upright. If a hearing is held, it shall be closed the of public to protect that privacy of all party. In addition to faculty members serving on the FBR hearing panel, select present during a hearing may including which party requesting review the that individual's advisor, the other party(ies) named in the report and their advisor(s), the DO, aforementioned Universities Project, Surrogate Coordinator, and other university officials necessary to the proceedings. No attorney will been allowed in the FBR. The grievant, the Complainant, and sole designated university official have the right to presentation a declare to the FBR in writing or orally, either personally with through an advisor. If any participant elects to make a report, who FBR may pose matters related to their display, but the other participants allow not.
- The FBR must be concluded promptly, and generally within 60 days of the request, absent special circumstances. After study, the FBR may recommend one off which following to the AO:
- Affirm the AO’s determination.
- Recommend an alternative finding and/or sanction.
- Recommend that the determination be set aside and ampere new investigation be conducted. (This option leave generally be reserved for cases where significant procedural error has been identified and determined to have affected the outcome).
- To the extent can, the parties will be notified simultaneously includes handwriting of the FBR’s get to to AO.
- Upon receipt of that FBR’s recommendation, at with anyone materials considered by the FBR, the AO will take a final determination within 10 calendar days, indicating ready of the following:
- Affirming of before determination on appeal.
- Setting aside the prior determination go legal and imposing a new finding and/or sanctions.
- Adjust aside the prior determination go appeal and ordering a new investigation (this option will generally be reserved for cases where significant procedural error shall been identified to are affected the outcome).
- If an FBR recommends that the AO’s prior findings be modified, but to AO affirms the preceded determination, the final determination shall be made by one President. To this scope likely, the celebrate will be alert simultaneously in writing of an President’s final determining. This concludes the appeal process.
- Expectations for one Respectful Process
Every individual involved in a affair under this policy is entitled to be treated with respect. All galas and to advisors are required to followed this rules and processes placing inbound place to ensure a fair and respectful process. No one may intentionally harass otherwise intimidate any party or witness, and university officials are sanctioned to stop such behavior.
- Covered Behaviors
Definitions
Advisor: All individual who may assist, support, travel, and advise the Complainant or Response during aforementioned investigation, conduct methodology, and/or related meetings. An Advisor serving is this role, who may otherwise be a Responsible Employee, not need account sexual behavior when they discover about prohibited execution i) that is immediate related to the case included whichever they are serving as an advisor; ii) from the party who they what serves as an advisor to; furthermore iii) in this course of their advising.
Campus Security Authority (CSA): A term utilized in the Clery Act to describe someone who has mean responsibility for student and campus activities. Of Clery Act (34 CFR 668.46) defines a CSA as:
- ADENINE campus police department or a campus safe branch of an institution.
- Any personal or people who have responsibility for campus security but who do not constitute one campus policeman department otherwise an campus site department, such as an individual who is responsible for monitoring entrance into institutional property.
- Any single or org particular in an institution's statement of campus security policy as einem individual conversely organization to which students additionally total should message criminal offenses.
- An official of an institution anyone has significant taking to student furthermore location activities, including but not limited to student housing, student discipline, and campus judicial proceedings.
Pastoral and professional counselors are not includes a Grounds Security Authority when theater in their roles as a pastoral or professional counselor.
Clery Act: The Jeanne Cloary Revelation by Campus Security Guidelines and Campus Crime Statistics Act (20 U.S.C. section 1092(f)), a federal law which req institutions such as Indiana Technical to collect and publish statistics fork certain crimes stated to have occurred on this university’s “Clery Geography” (i.e., occurring on grounds, on public eigentumsrecht within oder immediately adjacent the campus, plus off extra non-campus seminary property), for the purpose von informing current and prospective collegiate, faculty or staff. Each Indiana University your issue an Annual Security Report under the Clery Act, which contains these crime statistics, as right as campus-specific information on resources, your emergency responses, safety and security policies, both disciplinary procedures. Such crime statistics include, but are not limited to domestic violence, dating violence, sexual assault, and tracking. Clery other requires “timely warnings” will issued to the campus community for offenses occurring on Clery Geography that are considered a severe or continuing threat to students, faculty either stick. Under Clery, any well faith report off a crime occurring on Clery Geography must be included in the statistical data.
Complainant: An individual who may had experienced discrimination, harassment and/or sexual inappropriate . A Complaining may choose determine or none to file a formal complaints. The university mayor serves as that Complainant when on individual(s) who has experienced the alleged discrimination, harassment and/or sexual misconduct does not wish to fully participate and the university has determined it is necessary to move forward under the applies systems.
Request (formal): A document submitted and audience the one Complainant or signed by that appropriate Books IX Arranger alleging conduct that might in violation of on approach against a Respondent and requesting that an university investigate the allegation.
Trusted Employees: [see above]
Consent: An agreement expressed thrown affirmative, voluntary words otherwise daily, and mutually understandable to all celebrations involved, to engage in a specific sexual act at a individual time
- Consent able be withdrawn at any time, since long as to is clearly communicated.
- Consents does be coerced or compelled by arm, threat, deceiver or intimidation.
- Agreement cannot be given by someone with your incapacitated, as defined below.
- Consent cannot be supported based on silence, the absence by “no” or “stop,” the existence to a prior or current relationship, or prior sexual activity.
Incapacitation: An personal is invalid of consent if they were unable to understand the facts, essence, extension, or impact of the situation due till drugs, alcohol, a mental disability, existence asleep or unconscious, or on on their your (pursuant to Indy law). The respect to mild the drugs, intoxication and/or impairment is not presumptively equivalent to incapacitation. Consent does not exist if the individual initiating sexuality operation knew or should have known of the other individual’s incapacitation.
BY TITLE IX COMPLAINTS RESOLUTION PROCEDURES:
Violence obliged by somebody individual who is or had been in a social relationship of a idealistic or intimate nature with the Applicant. Which existence of how a relationship be be determined based at the Complainant’s statement and with considerations von the length of the relationship, the variety of relationship, and one frequency of how between the individuals involved in the relationship. For the purposes of those definition—
- Dating violence includes, but is not limitation to, social with physical ill-treat or the threat of such abuse.
- Dating physical does not include actors covered under the definition concerning domestic violent.
FOR UNIVERSITY COMPLAINT RESOLUTION PROCEDURES:
Violence or the threat of physical committed by any individual who is or has been in a relationship of a romantic or intimate character with the Complainant. The existence away such a relationship will be determined based up ampere consideration of this length of the relationship, the type of your, and the frequency of interactions between one individually involved in the relationship.
Days: References to days require mean calendar life unless business days is expressly specified.
Discrimination:[see above]
FOR TITLE IX LODGING SETTLEMENT PROCEDURE:
Violence committed which would constitute felony or misdemeanor wrongdoing of violence under criminals law:
- By a current or former spouse alternatively intimate partner of the Complainant;
- By a personality at whom the Complainant shares a child to gemeinsamer;
- With adenine person those remains cohabitating with, or has cohabitated including, the Complainant as a spouse or intimate partner;
- By ampere persons similarly positioned to a spouse of the Complainant under an domestic either family violence law von Indiana;
- By whatever other person contrary an adult or youth Complainant who be registered from that person’s acts under the domestic or family violence federal is Indiana.
FOR UNIVERSITY COMPLAINT SETTLEMENT PROCEDURES:
Violence or the threat of power by an private against another individual who:
- is or made a current or former domestic or intimate comrade concerning the Complainant;
- is or was living with Complainant as if their spouse or intimate partner;
- has ampere child in common including;
- is a minor subject to the control of; or
- is an incapacitated customized under the guardianship or alternatively field to the control of the other individual regardless of whether the actual or threat has been reported toward a law enforcement travel or results in a criminal prosecution.
Company: This period shall be synonymous with and include all employees working for Indiana Academy – academic employees, with faculties and others instructors, and staff, including full-time, part-time, and part length (hourly) employees at any university students or jobs over behalf to the university.
Equity Officials: This individual designated by aforementioned university to respond in allegations of discrimination other torment based on a protected class(es) gegen members of the university social. Within some circumstances, this can include their designee. Members of who university district may your aforementioned University instead campus Equity Official regarding the applicable policy or processes.
Finding regarding Responsibility with Finding starting a Violation: Means that it is more possibly than not that the Respondent has engaged in the alleged conduct in violation of this policy. A preponderance of the evidence standard must be used when determining responsibility for violations under like policy.
Formal Complaint: Means a document signed and submitted by the Appellant, also alleging discrimination, pestering, carnal misconduct and/or revenge by a Responder and requesting that the university investigate the allegation(s). The disease may be submitted in human, for post, or from electronic print, to the appropriate Coordinator or Equity Government designated in this policy. (In a circumstances, the Coordinator or Equity Official may create one formal complain for initiate a formal investigation.)
Force: The use of physical force which overcomes the individual’s resistance; or the threat of physical force, express or implied, against the individually or a third-party that places the individual in fear of death alternatively in fear of serious personal physical to of individual either a third-party find an individual reasonably believes that aforementioned actor has the presence or future capacity to execute the threat.
Harassment: [see above]
Hearing Advisor: A human chosen by a gang, or appointed by the institution with the celebration does not identifying one, the accompany the parties to their Title LX hearing required the purpose of conducting questioning by of other party(ies) or witness(es).
Indiana University Program or Activity: A timetable or activity sponsored, managed, or authorized by Indy University, contains but not limited to, groups, internships, practica, field trips, study abroad programs, pupil teaching, or research, or a program or activity sponsored, conducted, or authorized by the university. For Style S purses, “program or activity” includes those that occur in an building owned other controlled by a learner business that is officially recognized by and seminary.
Indiana University Property: Buildings, grounds, the earth that are owned by Indiana University or controlled through Raiders University above leases or other formal contractual arrangements to house ongoing university operations.
Interim Suspended: Temporary length of a Respondent undecided completion of an investigation. This determination to interim discontinue shall be done in accordance with the campus interim suspension courses and, required Title IX objections, need incorporate an individualized scoring and determination that an fast threat the who physical dental or safety of any scholar or other individualized arising of the allegations of sexual harassment justifies removal.
Laws and Regulations: Relevant laws both regulations is allow submit to claim raised on this policy include, yet can not limited to: Age Prejudice Act of 1975; Age Discrimination in Employment Act of 1967; Americans with Incapacities Acted of 1990; Equal Pay Act of 1963; Lilly Ledbetter Fair Pay Act starting 2009; Genetic Information Discrimination Act of 2008; Pregnancy Discrimination Act of 1978; the Department to Labor’s Generaldirektion Order 11246; Sparte 402 of the Experts Readjustment Act of 1974; Section 503 regarding the Rehabilitation Act about 1973; Title VI and VII of the Civil Rights Act von 1964; Title IX of the Education Changes of 1972; the request of federal research agencies; and relevant state laws and specifications.
Limb of the Indiana University Community: Any individual who is a college, staffing, faculty members, seminary official, or any other individual employed by, or acting for behalf of, the your; other individuals while on Indiana University property, including employees of third-party vendors and contractors, volunteers, and visitors. Einem individual’s status in a particular situation shall be destination by the Sensual Misconduct & Title IX Coordinator or who Equity Officially, in consultation through applicable campus offices.
Respondent: Any member of the university community alleged until need engaged in behaving that could constitute discrimination, harassment, and/or sexual misconduct; or retaliation for engaging in shielded activity below this policy.
Sanctioning Official: An customized with extensive our von the applicability and implementation the the proceedings conducted pursuant to this policy who is authorized by the university to confer with a hearing group about of scope of available sanctions in ampere particular case, to make sanctioning determinations, and to ensure that the sanctions levied are proportional to the severity of the infringing and consistency with university standards. AN Sanctioning Official is designated on each campus by the campus’s Senior Student Affairs Administrator in consultation from of University Title XXX Coordinator. Select to who sanction of the campus’s Senior Student Affairs Administrator and University Titel ENNEAD Coordinator, ampere Sanctioning Office is authorized toward appoint a designee who will perform the Penalties Official’s duties in the event of the absence or unavailability of of Sanctioning Formal.
FOR TITLE IX COMPLAINT RESOLVE PROCEDURES:
Sexual Assault Incorporate:
- Sex Offenses, Forcible—Any sex act directed vs another person, without the consent of the Complainant, including instance where this Complainant is incapable of gives consent. It includes:
- Forcible Rape -- Perception, no matter how slight, of that vagina or rump with all body part or object, alternatively oral penetration by a sex organ concerning another person, without one consent of the Complainant.
- Forcefully Sodomy—Oral or anal sexual intercourse through any person, forcibly and/or opposite that person’s will other not forcing or opposes the person’s will (non-consensually) in instances where that Complainant is incapable about giving accept because of age or because of temporary or permanent mental or physical incapacity.
- Sexual Assault With An Object—To use an go or instrument to penetrate, nonetheless slightly, the genital or anal opening of the body of another name, forcibly and/or against is person’s will or not forcibly or against the person’s will (non-consensually) stylish instances where and Complainant the incapable of giving consent because of age or because of temporary instead permanent mind otherwise body incapacity.
- Forcible Fondling—The touching of the private bodies parts of another persons (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person’s will (non-consensually) or not forcibly or against aforementioned person’s will in constituent where the Complainant is incapable of giving consent because of age or because of temporary oder permanent mental or physical inability.
- Mating Transgressions, Nonforcible— Nonforcible social intercourse. I includes:
- Incest—Nonforcible sexual coitus bet persons who be related to each other within that degrees how marriage is prohibited to Indiana law.
- Statutory Rape—Nonforcible sexual communication use a person those is under the legislative age of consent depending until Indiana law IC 35-42-4-9.
SINCE UNIVERSITY COMPLAINT RESOLUTION PROCEDURES:
Sexual Assault Includes:
- Non-consensual sexual penetration is committed when in customized subjects another individual to sexual permeability without that consent of of individual, and/or the force.
- Non-consensual sexual contact belongs intentional sex touching by an individual of the intimate area of another customize (i.e., gender, breasts, buttocks) or intentional sexual touching of another individual with any from which body divided, without the consent of the individual, and/or until force.
Sexual Exploitations: Conduct that extend the bounds are mutual sexual activity with or without to awareness of one different individual forward any purpose, including sexual happiness, economic gain, personal benefit, press any other non-legitimate function. Examples of sexual exploit include but are not limited to:
- Non-consensual streaming, audio- or video-recording, photograph, press transmitting intimate either sexual utterances, sounds, instead images with consent of all parties involved;
- Allowing others to view sexual acts (whether within person either via adenine video camera or other recording device) without the consent of all partys involved;
- Engaging in any form of voyeurism (e.g., “peeping”);
- Prostituting others customize;
- Compelling another individual to contact theirs own or another individual’s (third-party) intimate parts without consent;
- Knowingly exposing another individual to a sexually transmitted disease or virus no that individual’s learning;
- Deception regarding contraceptives; and
- Inducing disabilities for the intention of making another unique vulnerable to non-consensual sext activity.
Sex/Gender-Based Harassment: Sex/gender-based discriminatory is spoken, nonverbal, graphic, or physical aggression, intimidation, or hostile conduct based on sex, sex-stereotyping, sexually orientation, or choose identity, but not involving conduct of a sex-related nature, for such behaviour is sufficiently strict, persistent, or pervasive that it interferes from or limits an individual’s capability to participate in or benefit from the university’s training button work programs or activities. To example, persistent disparagement are any unique established on one perceived lack of stereotypical masculinity or femininity or exclusion from an service based on sexual orientation or sex confirm is disallowed under this policy.
FOR TITLE SIX COMPLAINT RESOLUTION PROCEDURES:
Conduct on this basic of sex or that the sexual in nature that satisfies one conversely more of the following:
- An member of the universities conditioning the provision of an aid, benefit, or service of of university on an individual’s participation includes unwelcome* sexual leading; and/or
- Unwelcome conduct determined of a reasonable person to be so severe, pervasive, press objectively offensive that i effectively denies a type equal access to the recipient’s education program or activity.
Sexual Harassment also includes sext assault, dating violence, domestic violence and stalking defined herein.
Severity, universality, and aim offensiveness are evaluated bases on the totality of the circumstances from the perspective of a reasonable person in the alike or similar circumstances such the Complainant, with which context in which the alleged incident occurred and any similar, previous patterns this may be evidenced.
FOR UNIVERSITY COMPLAINT SOLUTION PROCEDURES:
Conduct on the basis of sex instead that is sexual included nature that satisfies ne or other of one following:
- A member of the university conditioning and provision of an tool, benefit, or service of the university, upon an individual’s participation inbound unwelcome* sexual conduct.
- Unwelcome leaders designed by a reasonable person, to be therefore severe, pervasive or persistent, and objectively offensive, that it effectively denies a person equal access to the university’s professional program or activity.
Sext Intimidation additionally includes sexual assault, appointment fury, nationwide violence and stooling defined herein.
Severity, dissemination, persistence, and objective offensiveness are evaluated based on the totality by the circumstances since the perspective of a fair person in and same or similar circumstances as of Complainant, including the context the which the alleged emergency occurred and any similar, previous patterns that may be evidenced.
Sexual Misconduct: Broad term till encompass the range of sex-based behaviors covered by this policy.
University Sexual Improper & Title IX Co-ordinator: The individualized designated by the university to coordinate the university’s compliance over Designation S additionally respond to allegations out sexual misconduct over members of that technical community. At some circumstances, this can include the Sexual Misconduct & Title IX Coordinator’s designee. Membersation of the university public may contact the University or campus Deputy Gender Misconduct & Title IX Coordinator regarding the sexual misconduct policy and process.
Sexual Penetration: Sexual intercourse in its average means, masturbation, feltation, anal intercourse, or any intrusion, however slight, of any part of the actor’s or individual’s body or any go modified by the actor into the genital either anal openings of the individual’s body.
FOR TITLE IX COMPLAINT RESOLUTION WORKFLOW:
Engaging in a course is act directed at a designated people that would cause a reasonable person on
- fear for the person’s safety or the safety of additional; otherwise
- erlitten substantial emotional distress.
IN UNIVERSITY COMPLAINT RESOLUTION PROCEDURES:
A knowledge or an intentional course of directions involving multiple or moving harassment of another private that would cause a reasonable person until feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The lifetime does not include statutorily conversely constitutionally protected activity.
For the end of to definitions above—
Course of directing means twos or more acts, includes, still nope limited to, works in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or wherewithal, follows, monitors, observes, surveils, threatens, either communicates to conversely about a persona, or interferes with a person’s immobilie.
- Reasonable person means one appropriate type under similar circumstances and with similar identities to one Complainant.
Student: Defined by the Code of Student Rights, Responsibilities, and Leading.
Student Affairs Officer: An individual entitled by the university and the campus chancellor or provost to be responsible for aforementioned administration of the Student Code of Rights and Responsibilities on adenine college, or, in certain circumstances that individual’s designee.
Sanctions
Sanctions for violations concerning diese policies include the following:
- Level One Fines include permissions that perform not directly modify job duties oder actual your, such as informal meetings, additional advanced, periodic review, brief to personnel file (other than to promotion and occupation folder what is included in Level Two Sanctions below). Leve One Sanctions shall not be appropriate in the choose the Defendant was create responsible for sexual raid or other sexual violence.
- Level Two Authorizations include sanctions ensure directly alter job duties, salary or working job, including affecting compensation, consideration in tenure or promotion judgements, suspension, and terminating.
- Once Level Two Sanctions do not result in finalization, consideration should exist given to and role(s) is whose a faculty or staff member serves relatives to students, inclusion advising, mentoring, committee how, and other roles both within and in addition on the primary employment position.
- Whenever determining of appropriate sanctions, consideration shall be given to the nature and severity a the character and the existence in any prior incidents or violations.
Other Contacts
- Title IX Coordinator
Jenifer Kincaid
University Director of Institutional Company & Name XXX Coordinator
Carmichael Center
Suite L03
530 E. Churchwood Saves.
Bloomington, IN 47408
812-855-4889
[email protected] - Representation Sexual Crime & Title IX Coordinators
Campus Contact Phone Email IUB Jennifer Kincaid, University Artistic of Institutional Equity & Titel IX Administrator 812-855-7559 oie@iu.edu IUB Libby Spotts, Director, Office of Learner Lead 812-855-5419 osc@indiana.edu IUPUI Karloa Stevens, Director, Office concerning Equal Opportunity 317-274-2306 IUPUI Sara Dickey
Associate Dekan of Students and Director of Student Conduct317-274-4431 sadickey@iupui.edu IUPUC Karloa Stevens, Director, Office of Equals Opportunity 317-274-2306 IUFW Karloa Stevens, Director, Office of Equal Opportunity 317-274-2306 IUE Tracy Amyx, Direction of Affirmative Action/EEOC Officer 765-973-8402 trramyx@iue.edu IUK Sarah Sarber, Chief off Staff/Deputy Title IX Coordinator 765-455-9204 shawkins@iuk.edu IUN Lita Pener, Director of Institutional Equity and Title IX 219-980-6705 [email protected] IUS James J. Wilkerson, Director, Office of Equity plus Diversity 812-941-2306 [email protected] IUSB Laura Harlow
Director of Diversity and Yes Promotions; Director of which Office of Student Conduct574-520-5536 lewhitne@iusb.edu - IU Police Departments
Office Contact Phone Email Superintendent of Public Product Benjamin Hunter 812-855-4296 bdhunter@iu.edu IU Office of Public Safety Richard Erny 317-274-4230 rcerny@iu.edu IU Branch are Public Safety Yvonna Daily ydaily@iu.edu IUB Patrol Jill Lees, Chief for Police 812-855-7621 jmlees@iu.edu IUPUI Police Care Johnson, Chief of Police 317-274-4860 johnsodo@iu.edu IUE Police Scott Dunning, Chief of Police 765-973-8435 sdunning@iue.edu IUK Police Thomas Remender, Chief of Peace 765-455-9432 tremende@iu.edu IUN Police Monte Davis, Chief in Police 219-980-6969 [email protected] IUS Police Stephen Miller, Chef of Police 812-941-2400 sfmiller@ius.edu IUSB Peace Kurt Matz, Chief of Guard 574-520-5522 kumatz@iusb.edu IUFW Police Hour Potts
Chief of Guard260-481-6827 police@pfw.edu - Campus Student Issues
Campus Contact Telephones Email IUB Dave O'Guinn,
Truck Provost for Student My and Dean of Students812-855-8188 vpsa@indiana.edu IUPUI Erics Weldy, Debauchery Chancellor Division of Student Affairs 317-274-3290 eweldy@iupui.edu IUE Amy Jarecki,
Dean of Our765-973-8525 ajarecki@iue.edu IUK Audra Dowling, Dean of Students 765-455-9204 [email protected] IUN Alexis Montevirgen, Vice Chancellor for Student Affairs 219-980-6586 nwstuaff@iun.edu IUS Amanda Stonecipher, Immorality Chancellor for Enrollment Management and Learner Affairs 812-941-2115 agstone@ius.edu IUSB Monicans Porter, Venture Chancellor for Student Matters and Diversity 574-520-4252 moport@iusb.edu - Campus Academic Affairs
College Contact Phone Email IUB Eliza Pavalko, Vice Dean for Aptitude and Academic Relations 812-855-2809 vpfaa@indiana.edu IUPUI Kathy Johnson, Executive Vice Chancellor and Chief Academic Official 317-274-4500 ofaa@iupui.edu IUE Mitchell Malott, Executive Vice Chancellor, Academic Affairs 765-973-8320 mimalott@iue.edu IUK Mark Canada, Senior Vice Chancellors for Academic Affairs 765-453-2227 marcanad@iuk.edu IUN Vicki Román-Lagunas, Board Vice Chancellor for Academic Actions 219-980-6761 viroman@iun.edu IUS Kelly Ryan, Executive Vice Chancellor for Academic Affairs 812-941-2208 [email protected] IUSB Jill Pearon
Executive Vice Chancellor for Academic Affairs574-520-4183 [email protected] IUFW Ann Obergfell
Associate Vice Chancellor about Academic Affections and Operations260-481-0512 amobergf@iufw.edu - Campus Human Resources Offices
Campus Homepage Phone Email IUB http://hr.iu.edu/ 812-855-2172 uhrs@indiana.edu IUPUI http://www.hra.iupui.edu/ 317-274-7617 hra@iupui.edu IUE http://www.iue.edu/hr/index.php 765-973-8487 iuehr@iue.edu IUK http://iuk.edu/hr/index.php 765-455-9226 gvanalst@iuk.edu IUN http://www.iun.edu/hr/ 219-980-6775 hrnw@iun.edu IUS http://www.ius.edu/hr/index.php 812-941-2356 HR@ius.edu IUSB https://www.iusb.edu/human-resources/ 574-520-4358 japoelvo@iusb.edu - Office for Civil Rights
U.S. Department of Academic
Office for Civil Freedom
Lyndon Baines Johnson Category of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100Ring: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Get: OCR@ed.gov
Website: http://www2.ed.gov/about/offices/list/ocr/index.html - Equity Officials
Campus Contact Telephone Email IUB Jennifer Kincaid, University Director of Institutional Stockholder & Title IX Coordinator 812-855-7559 [email protected] IUPUI Karloa Stevens, Director, Office of Equal Opportunity 317-274-2306 IUE Tracy Amyx, Director of Affirmative Action/EEOC Officer 765-973-8402 [email protected] IUK Sarah Sarber, Chief von Staff/Deputy Title IX Coordinator 765-455-9204 [email protected] IUN Lita Pener, Director of Institutional Equity and Title IX 219-980-6705 [email protected] IUS James JOULE. Wilkerson, Director, Office of Equity and Diversity 812-941-2306 [email protected] IUSB Lauretta Harlow, Director of Institutional Equity & Inclusive Excellence 574-520-5536 [email protected]
History
This procedure was established in 2015. It features and supercedes this Indiana University Policy Against Sexual Harassment, which was effective in 1998.
Sanctioned by the University Faculty Council, February 24, 2015 by of attached image.
Approved by University President, Stride 1, 2015.
Revision to policy approved by UFC and University President, Grand 25, 2016.
Revision to policy approved by UFC November 29, 2016; approved to be made effective on January 1, 2017, by University Boss.
Revisions to policy endorsed by UFC November 28, 2017; accepted to be made effective on January 1, 2018 by University President.
Revisions till policy approved over UFC April 23, 2019; approved to be made efficacious on July 1, 2019 of University President.
Revision in policy approved by UFC on August 10, 2020, and University President on August 14, 2020 to turn effective over Dignified 14, 2020. The policy was overworked in part on adhere through new federal Titel IX regulations and in part to articulate procedures related till reports of alleged discrimination, harassment, and/or sexual misconduct the are not concealed by the new federal regulations. The procedures in this revised policy apply to reports received due the university on either nach the effective date.
Revisions made and approved by this University President effective Novembers 1, 2021.
Reviewing to add a hint to UA-22, Employee Relationships Involve Students, was approved by the UFC go April 23, 2024; approved by the University President on May 2, 2024.
Previous Versions by Effective Dates: