The University has two separate grievance processes for handling reports of Prohibited Conduct, including Sex-Based Misconduct, under this Policy:
A. Grievance Process 1 for Complaints of Unlawful Harassment, Discrimination, and Sex-Based Misconduct Except for Formal Title IX Sexual Harassment Complaints (“Grievance Process 1”), set forth in Section XII Grievance Process 1 for Complaints of Unlawful Harassment, Discrimination, and Sex-Based Misconduct, Except for Formal Title IX Sexual Harassment Complaints, of this Policy; and
B. Grievance Process 2 for Formal Title IX Sexual Harassment Complaints (Grievance Process 2”), set forth in Section XIII Grievance Process 2 for Formal Title IX Sexual Harassment Complaints, of this Policy.
The investigation and adjudication of alleged misconduct under these processes is not an adversarial process between the Complainant, the Respondent, and the witnesses, but rather a process for postsecondary institutions to comply with their obligations under existing law. The Complainant does not have the burden to prove, nor does the Respondent have the burden to disprove, the underlying allegation or allegations of misconduct.
The following matters will be processed under Grievance Process 1:
- All reports of Sex-Based Misconduct which do not meet the requirements of a Formal Title IX Sexual Harassment Complaint which are determined by the Responsible Administrator to fall within the Application and Scope of this Policy as set forth above in Section II Application and Scope (this includes, but is not necessarily limited to, reports regarding sex discrimination, failure to accommodate pregnant or parenting students, conduct which violates the Violence Against Women Act—i.e., sexual assault, domestic violence, dating violence and stalking - which occurs outside of the United States); and
- Formal Title IX Sexual Harassment Complaints which are dismissed under 34 Code of Federal Regulations Section 106.45; and
- All other reports of Prohibited Conduct which do not involve Sex-Based Misconduct.
For matters processed under Grievance Process 1, a “formal” or “written” complaint is not required but is encouraged. Responsible Employees are required to report any allegations regarding such matters as described in Section V.A.2 Applicable Definitions/Definitions Applicable in All Matters of Prohibited Conduct Covered by this Policy/Responsible Employee, above.
Grievance Process 2 is reserved only for Formal Title IX Sexual Harassment Complaints which are not otherwise dismissed under 34 Code of Federal Regulations Section 106.45.
During the course of processing a report of Sex-Based Misconduct, it is possible that the alleged conduct may become a Formal Title IX Sexual Harassment Complaint after initiation of Grievance Process 1. In that case, the Title IX Coordinator shall move the matter into Grievance Process 2.
It is also possible that a Formal Title IX Sexual Harassment Complaint may be dismissed during Grievance Process 2, including, but not limited to situations where it is determined that the alleged conduct no longer meets the definition of Title IX Sexual Harassment. In that case, the Title IX Coordinator shall move the matter into Grievance Process 1, as appropriate.
In all cases, the availability of Informal Resolution procedures is governed by Section XI Informal Resolution of Complaints Involving Student Respondents, below.
Additionally, the University may require the Parties, Advisory Support Persons, Advisors, witnesses, third-party professionals or others involved in the grievance process to execute non-disclosure agreements, FERPA waivers or similar documents under either Grievance Process 1, Grievance Process 2 or informal resolution procedures.