Monmouth University has adopted the following policy and procedures for addressing Sexual Misconduct matters as defined below.
Please contact the Title IX Coordinator or the Deputy Title IX Coordinator for questions and clarifications.
Nina Anderson,
Director of Diversity, Equity & Inclusion, Title IX Coordinator, ADA/504 Coordinator
nanderso@monmouth.edu
732-571-7551
Monmouth University, Great Hall, Room 312, West Long Branch, NJ 07764
Amy Arlequin
Assistant Dean of Students, Deputy Title IX Coordinator, Clery Compliance Officer
aarlequi@monmouth.edu
732-571-3625
Monmouth University, Rebecca Stafford Student Center, Student Life Suite Rm 210, West Long Branch, NJ 07764
This policy is subject to be changed without prior notice, if necessary to maintain compliance with State and Federal laws and regulations.
I. Non-Discrimination Statement:
Monmouth University supports equal opportunity in every phase of our operation including recruitment, admission, educational programs, and employment practices of recruitment, hiring, promotion, reclassification, transfer, compensation, benefits, termination, layoff and return from layoff, social and recreational programs and any other aspects of education or employment. The university does not discriminate on the basis of race, color, creed, ancestry, national origin, nationality, sex (including pregnancy and sexual harassment), affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, marital status, domestic partnership or civil union status, age, liability for military service, protected veteran status, or status as an individual with a mental or physical disability, including AIDS and HIV-related illnesses or any other protected category under applicable local, state or federal law. The university also complies with all major federal and state laws and executive orders requiring equal employment opportunity and/or affirmative action.
Monmouth University affirms the right of its faculty, staff, and students to work and learn in an environment free from discrimination and harassment, including sexual harassment, and has developed procedures to be used to resolve discrimination or harassment complaints. A copy of the university wide policy on discrimination and harassment, including sexual harassment, which describes the procedures for resolving such complaints, may be obtained from:
The Office of Human Resources
400 Cedar Avenue Great Hall, Room 312
West Long Branch, NJ 07764
Phone: 732- 571-7577 Fax: 732-263-5155
Web: www.monmouth.edu/equity-and-diversity/discrimination-and-harassment/
Additionally, inquiries may be made externally to:
Office of Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline Phone: 800-421-3481 Fax: 202-453-6012
TDD: 877-521-2172 Email: OCR@ed.gov
Web: www2.ed.gov/about/offices/list/ocr/index.html
Equal Employment Opportunity Commission (EEOC)
Contact: www.eeoc.gov
II. Jurisdiction:
This policy applies to prohibited conduct that occurs off -campus, on non-university owned or controlled property, or during a non-university sanctioned program or activity against a person both inside and outside of the United States.
III. Title IX Coordinator:
Monmouth University has a designated Title IX Coordinator and a Deputy Title IX Coordinator. These employees are responsible for compliance with Title IX of the Education Amendments of 1972, which prohibits sex discrimination, including sexual harassment, gender-based harassment and sexual violence, in education programs.
Title IX Coordinator: Nina Anderson, nanderso@monmouth.edu, 732-571-7551
Deputy Title IX Coordinator: Amy Arlequin, aarlequi@monmouth.edu, 732-571-3625
IV. Prohibited Conduct
Monmouth University prohibits the following specified conduct:
- Sexual Misconduct
- Sexual Assault
- Non-Consensual Sexual Contact
- Dating Violence
- Domestic Violence
- Stalking
- Sexual Exploitation
- Sexual Harassment
- Gender Based Harassment
- Retaliation
V. Definitions
- Sexual Misconduct
Sexual Misconduct is defined as any sexual act or sexual contact upon another person without his or her explicit consent, which is a sexual offense under New Jersey criminal law (See NJSA title 2C:14-1, et. al.). Sexual Misconduct encompasses the act of sexual assault. - Sexual Assault
Sexual Assault is sexual penetration of another person under any one of the following circumstances: (1) under the legal age of consent, (2) with a person who is incapable of giving consent because of temporary or permanent mental or physical incapacity or (3) through the use or perception of physical force, threat, coercion. - Non-Consensual Sexual Contact
Sexual Contact means any form of intentional touching, either directly or through clothing, of the victim’s intimate parts designed to degrade or humiliate the victim or cause sexual arousal or gratification to the actor. Sexual contact can also occur when an actor intentionally touches himself or herself while in the view of and aware of the victim’s presence and with the same purpose of humiliation, arousal, or self-gratification.
Non-Consensual Sexual Contact is having sexual contact with another individual without affirmative consent, when an individual in incapacitated, or by threat or force. - Dating Violence
Dating Violence is an act of domestic violence between individuals in a social relationship of a romantic or intimate nature. - Domestic Violence
Domestic Violence is an actual or threatened physical harm or infliction of fear of imminent physical harm upon a family member, significant other, household member, resident sharing a room, or other individual with an intimate relationship to the actor. - Stalking
Stalking occurs when an individual engages in conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of a third person or suffer other emotional distress. This includes cyber-stalking. - Sexual Exploitation
Sexual exploitation refers to non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any other non-legitimate purpose. (E.g. observing another individual’s nudity/sexual activity; allowing another to observe nudity/sexual activity without the knowledge and consent of all participants; non-consensual streaming or distribution of images, photography, video or audio recording of sexual activity/nudity without the knowledge and consent of all participants. - Sexual Harassment
Sexual harassment is unwelcome action, language or visual representation of a sexual nature that has the effect of unreasonably interfering with an individual’s education, employment, or participation in a University activity or that creates a hostile working, educational, or living environment. A form of quid pro quo (this for that) sexual harassment exists when submission to or rejection of unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature results in adverse educational or employment action, or the threat of such adverse action, or limits or denies an individual’s educational or employment access, benefits, or opportunities. - Gender Based Harassment
Acts of aggression, intimidation, stalking, or hostility based on gender or gender stereotyping constitute gender-based harassment. Gender-based harassment can occur if students are harassed either for exhibiting what is perceived as a stereotypical characteristic of their sex or for failing to conform to stereotypical notions of masculinity or femininity. To constitute harassment, the conduct must unreasonably interfere with another person’s education or participation in educational programs or activities or create an intimidating, hostile, demeaning, or offensive academic or living environment. - Retaliation
Retaliation is any adverse action taken or threatened (including intimidation, threats, harassment, and other such action) against any complainant or person reporting or filing a complaint of sexual misconduct or any person cooperating in the investigation of allegations of sexual misconduct to include testifying, assisting or participating in any manner in an investigation.
VI. Key Terms
- Affirmative Consent
Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. (E.g. lack of consciousness, being asleep, being involuntarily restrained, or being intoxicated). - Force
Force is the use or threat of physical violence to overcome an individual’s free will to choose whether or not to participate in sexual activity or provide consent. Force may include words, conduct, or appearance. Force includes causing another’s intoxication or impairment through the use of drugs or alcohol. Coercion, intimidation, and non-physical threats can all be forms of force. Consent obtained by force is not valid. - Coercion
Coercion is to force one to act or not act based on fear of harm to self or others. Means of coercion may include, but are not limited to, pressure, threats, emotional intimidation, or the use of physical force. Consent obtained through coercion is not valid. - Incapacitation
Incapacitation is a physical condition where a person is unconscious or physically unable to leave or provide consent. This includes a mental condition, permanent or temporary, which makes the victim incapable of understanding the nature of the activity or unable to communicate due to a mental or physical condition. - Complainant(s): any individual who is alleged to be the victim of sexual harassment.
- Respondent(s): any individual who is reported to be the perpetrator of sexual harassment
VII. Reporting Obligation:
Mandated Reporters: Monmouth University considers all university employees responsible for reporting any matters of sexual misconduct, including sexual harassment, to the Title IX Coordinator. Only designated confidential resources are excluded from this reporting obligation.
Confidential Resources: All university employees who work in the following offices are exempt from reporting matters of sexual misconduct to the Title IX Coordinator:
- Counseling and Prevention Services
- Health Services
VIII. Amnesty Policy
In order to encourage reporting, Monmouth University will grant amnesty to a student who violates the student code of conduct (for example, the use of illegal drugs or underage consumption of alcohol) while reporting sexual assault and/or sexual misconduct. For instance, a student may be engaging in underage consumption of alcohol and witness another individual being sexually assaulted. The students should not hesitate to report the sexual assault because of their underlying violation of the student code of conduct. The University will not take action against that student for their underage consumption of alcohol because they reported a sexual assault.
This policy does not grant amnesty for students who are involved in criminal activity aside from the above-mentioned violations of the student code of conduct. The University may require that the student who reported the incident attend educational remedies regarding the use of drugs and alcohol.
IX. Filing a Complaint:
A formal complaint is a document that initiates the university’s grievance process under this policy. In order to file formal complaint, a Complainant(s) must submit a written document (hard copy or electronic) to the Title IX Coordinator alleging sexual harassment against a Respondent(s) and request initiation of the grievance procedure.
A formal complaint may be filed with the Title IX Coordinator in person, by mail or by email. The formal complaint must include the Complainant(s)’s physical or digital signature or some other means to indicate that the Complainant(s) is the person(s) filing the complaint. The Title IX Coordinator may also sign a formal complaint.
Upon receipt of a formal complaint, the Title IX Coordinator will notify the parties of the allegations and the grievance process is initiated including an investigation and adjudication of allegations.
X. Grievance Process:
The grievance process detailed below will treat Complainant(s) and Respondent(s) equitably and acknowledges that the Respondent(s) is presumed not responsible for the alleged conduct and that the determination of responsibility will be made at the conclusion of the grievance process. The grievance process will include an investigation, adjudication or hearing and appeal(s). The burden of gathering evidence and burden of proof is on the university, not the parties.
If a Respondent(s) is found responsible for the alleged conduct at the conclusion of the grievance process, disciplinary sanctions or other actions may be imposed. A Complainant(s) may be given remedies designed to restore or preserve equal access to the educational program or activity. These remedies may be the same as supportive measures.
An objective evaluation of all relevant evidence and credibility determinations will be made by trained individuals who have no bias or conflict of interest for or against Complainant(s) or Respondent(s).
Investigations will be conducted by trained individuals who are impartial and free from bias in their investigation duties. The parties and their advisors will be provided with equal access to review the evidence gathered by the investigator as well as the investigation report and the names of each party’s advisor. The parties and their advisors will have ten (10) business days to inspect, review, and to respond to the evidence. The parties and their advisors will have ten (10) business days to review and to respond to the investigation report before the report can be finalized.
The time frames included in the grievance process are reasonably prompt and allow for extensions or delay for good cause with written notice to both parties.
XI. Hearing Process:
A live hearing may be conducted by a hearing panel or an external adjudicator.
The Dean of Students Office will provide simultaneous written notice of the charges, date and time of the hearing and the name of the hearing panel members to the Complainant(s) and the Respondent(s) prior to the hearing. The hearing panel will be comprised of two members of the administration and one faculty member from the University Disciplinary Committee. Both the Respondent(s) and the Complainant(s) will have an opportunity to object beforehand to the panel members. Such objection will specify the basis thereof, and a determination as to whether to replace the panel member shall be made by the University. The Respondent(s) may NOT waive their right to a hearing. The “preponderance of the evidence” standard will be used to make determinations in hearings. This means determining whether “is it more likely than not” that a violation of the Sexual Misconduct policy occurred. The University reserves the right to enlist external adjudicators to administer student hearings. The trained adjudicator will be selected by the University. Both the Respondent(s) and the Complainant(s) will have an opportunity to object beforehand to the adjudicator. Such objection will specify the basis thereof, and a determination as to whether to replace the adjudicator shall be made by the University.
The Respondent(s) and the Complainant(s) have the right to review any evidence provided to the university during the investigation. Both the Respondent(s) and the Complainant(s) must submit written statements as to their account of the matter. Upon request accommodations may be made to limit face-to-face contact between the Respondent(s) and the Complainant(s) during disciplinary hearings. In addition, both parties to the matter are entitled to have one advisor of choice. Each party is responsible for presenting their own information and therefore, advisors are not permitted to speak or participate directly in any meeting but are only allowed to provide support and/or guidance directly to their respective party. During the hearing the advisor will be required to ask all cross-examination questions of the opposing party and their witnesses. This means that the advisor for the Complainant(s) will ask questions of the Respondent(s) and the Respondent(s)’s witnesses and the advisor for the Respondent(s) will ask questions of the Complainant(s) and the Complainant(s)’s witnesses. The parties should select an advisor who has a schedule which will allow attendance at the scheduled dates and times for meetings and hearings. Delays will not normally be permitted due to the scheduling conflicts of an advisor. The Title IX Coordinator or designee and hearing officer/ adjudicator must be notified by the parties at least two (2) business days prior to any scheduled meeting or hearing if they plan to have an advisor present for the meeting or hearing and if so, the identity of the advisor. If a party does not have an advisor for the hearing, one will be provided by the university for the purposes of cross-examination as described above. The Title IX Coordinator or designee and the hearing officer/ adjudicator reserve the right to remove an advisor from any meeting or hearing for violation of this policy.
1. Request for Accommodations
All students with disabilities who are involved in the student conduct process including Complainant(s), Respondent(s), supporters, and witnesses may seek accommodations for any stage of the student conduct process, including hearings, conduct meetings, investigations, and any pre-hearing meetings. Any student requesting an accommodation must do so far enough in advance to allow the request to be reviewed and an appropriate accommodation identified and implemented. Accordingly, each student seeking an accommodation is strongly encouraged to do so as early as possible in the student conduct process. To request an accommodation please refer to the policy on the following page: monmouth.edu/disability-services/current-students.
Either party may request that the hearing take place with the parties located in separate rooms or locations using technology to allow the parties to see and hear each other. This request must be made at least five (5) business days prior to the scheduled hearing date.
2. Statement of Witnesses
Any persons having specific knowledge of the matter may be called as witnesses. Every effort will be made during the investigation to obtain names and written statements of witnesses and documentary evidence for both the Complainant(s) and the Respondent(s).
3. Control of the Hearing Proceedings
The presiding hearing officer/ adjudicator shall exercise control over the manner in which the hearing is conducted to avoid unnecessary lengthy hearings and to prevent harassment or intimidation of witnesses. Anyone who disrupts a hearing or who fails to adhere to hearing guidelines may be excluded from the proceedings and is subject to disciplinary action.
4. Standard of Evidence
A preponderance of the evidence standard shall be applied. Therefore, it must be established that it is more likely true than not true that the alleged violation took place. It should be noted that the resolution is not dependent upon the number of witnesses who testify on either side, but rather on the credibility and weight which is attributed to such testimony and relevant evidence.
5. Privacy of Hearings
The hearing shall be conducted in private. People not directly involved in the hearing are excluded from the proceedings.
6. Questions During Hearings
The hearing panel/ adjudicator must address questions to any party during the proceedings or to any witness called by the parties or by the hearing panel/ adjudicator. Complainant(s) and Respondent(s) must address their questions of their own witnesses through the hearing panel, Complainant(s) and Respondent(s) may not question each other or each other’s witnesses directly. Instead, each party must have an advisor at the hearing to conduct cross-examination of the other party and the witnesses of the other party. Cross-examination must be conducted at a live hearing in real-time, directly and orally by the advisor.
The hearing officer/ adjudicator must determine whether each question is relevant prior to the party or witness responding. If a question is deemed relevant, the question may be answered. If a question is deemed irrelevant, the hearing officer/ adjudicator must provide an explanation for the determination and exclusion of the question. The hearing officer/ adjudicator may determine that it is necessary to pause the hearing temporarily in order to make a determination on relevance. Questions which challenge the credibility of a party or a witness may be relevant.
Questions and evidence about a Complainant(s)’s prior sexual behavior are irrelevant unless it is offered: 1) to prove that someone other than the Respondent(s) committed the alleged conduct or 2) to prove consent.
7. Evidence for Consideration
All relevant evidence including pertinent records, exhibits, and written statements may be received for consideration by the hearing panel/ adjudicator. Both the Respondent(s) and the Complainant(s) would have received copies of such for review and comment prior to the investigation report being finalized. All evidence gathered during the investigation will be available at the hearing and may be reviewed and utilized by the Respondent(s) and Complainant(s).
The hearing panel/ adjudicator may preclude records, exhibits, and the testimony of any witness which were not submitted in conformance with this requirement if, in the opinion of the hearing panel/ adjudicator, allowing such records, exhibits, or testimony would substantially impair the Complainant(s)’s or the Respondent(s)’s ability to effectively present their case. In making this determination the hearing panel shall consider such factors as the reasons why the record, exhibit, or statement was not on file, the nature of the testimony summarized in the proposed witness’s statement prior to the hearing, and other appropriate factors.
8. Appearance of Witnesses
The hearing panel/ adjudicator may request the presence of witnesses by sending them an email with a read/received receipt, a letter via hand-delivery or certified mail, return receipt requested. Witnesses who are students cannot be required to participate.
9. Failure to Appear at Hearings
The failure of individuals charged with misconduct to appear at a hearing after proper notice will not prevent the hearing from taking place or invalidate the outcome.
10. Recording of Hearings
A recording of the hearing shall be made. The recording will be under the control of the Dean of Students Office. A request to review the recording must be made in writing and the recording must be reviewed in the Dean of Students Office.
11. Determination of the Hearing
Within five (5) business days after the hearing deliberations are completed, the hearing panel or adjudicator shall determine (by majority vote) whether the Respondent(s) has violated the Sexual Misconduct Policy. The Chairperson on behalf of the hearing panel or the adjudicator, shall prepare a written report to the Vice President of Student Life or their designee consisting of: a statement of each charge, whether the hearing panel/ adjudicator has found the Respondent(s) responsible or not responsible, evidence presented to the panel, facts used to reach each decision, credibility assessment of those who testified, any sanctions imposed on the Respondent(s) and any remedies being offered to the Complainant(s).
12. Notification of the Hearing Decision
The Vice President of Student Life or their designee will notify both the Complainant(s) and the Respondent(s) simultaneously in writing of the hearing panel’s/ adjudicator’s decision within two (2) business days of the receipt of the decision. The President of the university will also be notified of the decision.
13. Appeals Process
A decision reached by a hearing panel/ adjudicator may be appealed by either party. The appeal must be submitted in writing to the Vice President of Student Life or their designee within five (5) business days of the finding by the hearing panel/ adjudicator.
An appeal shall be limited to the review of the verbatim record of the initial hearing and supporting documents unless a further hearing is required to receive and evaluate new evidence. The party filing the appeal has the burden of establishing the basis for the appeal. An appeal may be initiated for one or more of the following purposes:
- The hearing process as described in the policy was materially violated in such a manner that the outcome could have been affected.
- The Title IX Coordinator, investigator, adjudicator, or hearing panel member(s) had a conflict of interest or bias that affected the outcome of the matter.
- Submission of new evidence sufficient enough to alter a decision, or other relevant facts not brought out in the original hearing because such new evidence or facts were not known to the person appealing at the time of the original hearing.
The following Appeal process shall apply:
- The appeal and any supporting documentation shall be sent to the opposing party for review. The opposing party shall be given five (5) business days to submit a reply.
- The Vice President of Student Life or their designee shall review the matter and render a decision on the appeal within twenty (20) business days from receipt of the written appeal. The Vice President or their designee shall make a final decision on the case.
Following the Vice President’s or their designee’s decision the matter shall be concluded with no further recourse under this policy.
All deadlines and time line requirements set forth in this section may be extended for
good cause. Both the Respondent(s) and the Complainant(s) will be notified in writing of any delay and provided the date of the new deadline. Some examples of good cause may include considerations such as the absence of a party, a party’s advisor or a witness; concurrent law enforcement activity; or the need for language assistance or an accommodation of disabilities.
14. Possible Sanctions
The following sanctions may be imposed at the conclusion of the grievance process if the Student Respondent(s) is found responsible for having violated this policy:
Education/Work Assignment—A requirement to participate in an educational program or activity or assignment to perform a number of service work hours within a campus department.
Fine/ Educational Fee—A monetary fine may be imposed as part of a student’s sanction. Monies paid to a local community will be taken into consideration. Fines or educational fees are payable within a prescribed period of time to the Dean of Students Office.
Consultation and/or Assessment—Student may be assigned a consultation and/or assessment with a psychological counselor/therapist.
Disciplinary Probation—May include, but not be limited to, the possible exclusion or restricted participation in privileges or extracurricular university activities for a specified period of time, including the possibility of more severe disciplinary sanctions in the event of further violation of any university regulations during the period of disciplinary probation.
Residence Hall Probation—A defined period of time whereby a student living in residence is given an opportunity to modify their behavior prior to losing the privilege of living on campus. Further violation of the Student Code of Conduct or the terms and conditions of the Residence Hall Contract will result in suspension from residence.
Residence Hall Suspension—Separation of the student from the residence halls for a defined period of time, after which the student is eligible to return. Students under a residence hall suspension are also banned from all university owned and/ or sponsored housing as well as the property and parking lots contiguous to that housing including but not limited to the residential quad.
Residence Hall Expulsion—Permanent expulsion of the student from the residence halls. Students under a residence hall expulsion are also banned from all university owned and/or sponsored housing as well as the property and parking lots contiguous to that housing including but not limited to the residential quad.
Suspension—Separation of the student from the university for a definite period of time. Students suspended will be excluded from all classes and activities at the university. Students under a suspension are restricted from being on any university premises without advance approval from the Dean of Students Office. The conditions of readmission shall be stated in the order of the suspension. This action will be on record in the disciplinary files of the Vice President of Student Life.
Expulsion—Permanent separation of the student from the university. This action will be permanently on record in the disciplinary files of the Vice President of Student Life. Students under an expulsion are restricted from being on any university premises without advance approval from the Dean of Students Office.
Please note: Students suspended or expelled for disciplinary reasons will not be entitled to any refund of tuition or fees paid, this includes but is not limited to room and board.
XII. Supportive Measures:
Supportive measures are available to all parties regardless of whether they choose to go through any process. These options will be provided to a party once an allegation of a violation of this policy is made to the Title IX office.
Supportive measures that are available, as appropriate, include but are not limited to:
- Counseling and Prevention Services (confidential on campus resource)
- Health Services (confidential on campus resource)
- Monmouth Medical Center (off campus resource)
- Monmouth University Police Department (on campus resource)
- Off Campus Police Departments
- 180 Turning Lives Around (off campus confidential resource)
- Academic accommodations including, but not limited to, class schedule modifications
- Work schedule accommodations for university employment
- Letters of No Contact between the parties
- Residential accommodations (i.e. changing a student’s campus residence)
XIII. Emergency Removal:
Respondent(s) may be removed from a university program or activity on an emergency basis if the university has deemed that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegation of sexual harassment. This determination must be made as part of an individualized safety and risk analysis. The Respondent(s) must be provided with notice of the removal and an opportunity to challenge the decision immediately following the removal. The hearing panel for an emergency removal of a student is comprised of two (2) administrators and one (1) faculty member. An adjudicator will be used for an emergency removal of an employee.
XIV. Dismissal of Formal Complaint
A formal complaint may, at the university’s discretion, be dismissed from consideration under this policy if: 1) the Complainant(s) informs the Title IX Coordinator in writing that they wish to withdraw the formal complaint or allegations therein, 2) if the Respondent(s) is no longer enrolled or employed by the university, or 3) if specific circumstances prevent the university from gathering sufficient evidence to reach a determination.
The University must give the parties simultaneous written notice of a dismissal, mandatory or discretionary, the reasons for the dismissal and an opportunity to appeal.
XV. Consolidation
The university may, in its discretion, consolidate formal complaints that arise out of the same facts.
XVI. Informal Resolution
The university typically will not use mediation or any other informal procedure to resolve cases involving allegations of sexual assault or other nonconsensual sexual contact.
In certain instances of sexual misconduct, the parties may voluntarily agree to follow an informal resolution procedure instead of the formal resolution procedure. In order to proceed with an informal resolution option, a formal complaint must be filed with the Title IX Coordinator. Following the filing of the formal complaint, both parties must give voluntary, informed, written consent to request informal resolution to the Title IX Coordinator. The Title IX Coordinator or designee will determine, in their discretion, whether a matter is appropriate for an informal resolution process and whether any proposed resolution as a result of an informal resolution process is appropriate. If a matter is deemed to be appropriate for an informal resolution process, the Title IX Coordinator or their designee may arrange for mediation between the parties or coordinate other voluntary informal resolution.
Informal resolution procedures are optional and may be terminated at any time, prior to agreeing to a resolution, by any of the parties involved or the university and the matter may be referred to the formal hearing procedure. Any agreements that are made during the informal resolution procedure must be documented, signed by the involved parties and the Title IX Coordinator or their designee. In the event that no agreement is reached, the matter may be referred to the formal hearing procedure for further action. All parties may have an advisor of choice at all meetings during the informal resolution process. Advisors are not permitted to speak or participate directly in any meeting but are only allowed to provide support and/or guidance directly to their respective party.
Informal resolution may not be utilized when the allegation is that of an employee sexually harassing a student.
XVII. Retaliation
The university will take appropriate steps to assure that a person who in good faith reports, complains about, or participates in an informal resolution or formal investigation of a sexual harassment and/or discrimination allegation will not be subjected to retaliation. The university also will take appropriate steps to assure that a person against whom such an allegation is made is treated fairly. The Title IX Coordinator will take appropriate follow-up measures to assure the goals of this policy are met. Persons who believe they are experiencing retaliation are strongly encouraged to lodge a complaint with the university using the same procedure for lodging a discrimination/sexual harassment complaint.
XVIII. Record Keeping
Records must be maintained for a minimum of seven (7) years. Matters involving Student Respondent(s) will be kept in Dean of Students Office.