The review panel is comprised of the Title IX Coordinator and additional trained faculty or staff members as determined by the Title IX Coordinator. The review panel will consider a Claimant’s request for anonymity, that an investigation not be pursued, or that no disciplinary action be taken. The review panel will balance the Claimant’s request against the following factors in reaching a determination on whether the request can be honored:
- The totality of the known circumstances;
- The nature and scope of the alleged conduct, including whether the reported behavior involves the use of a weapon;
- The respective ages and roles of the Claimant and Respondent;
- The risk posed to any individual or to the campus community by not proceeding, including the risk of additional violence;
- Whether there have been other reports of other Prohibited Conduct or other misconduct by the Respondent;
- Whether the report reveals a pattern of misconduct related to Prohibited Conduct (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group;
- The Claimant’s interest not to pursue an investigation or disciplinary action and the impact of such actions on the Claimant;
- Whether the University possesses other means to obtain relevant evidence;
- Due process considerations for both the Claimant and the Respondent;
- The University’s obligation to provide a safe and non-discriminatory environment; and
- Any other available and relevant information.
The review panel will provide information and advice to the Title IX Coordinator such as:
- Their individual and collective perspectives on whether, how, and to what extent, the University should further investigate the report of Prohibited Conduct;
- What steps may be possible or appropriate when a Respondent is unknown or the Claimant requests anonymity; and
- What other measures or remedies might be considered to address any effects of the reported behavior on the campus community.
The Title IX Coordinator will make a determination regarding the appropriate manner of resolution under the Policy. The University will seek resolution consistent with the Claimant’s request, if it is possible to do so, based upon the facts and circumstances, while also protecting the health and safety of the Claimant and the University community.
A. DETERMINATION THAT A CLAIMANT'S REQUEST(S) CAN BE HONORED
Where the review panel determines that a Claimant’s request(s) can be honored, the University may nevertheless take other appropriate steps to eliminate the reported conduct, prevent its recurrence, and remedy its effects on the Claimant and the University community. Those steps may include offering appropriate remedial measures to the Claimant, providing targeted training and prevention programs, and/or providing or imposing other remedies. The Claimant may choose to pursue alternative resolution (if available) or formal resolution under this Policy. The Title IX Coordinator also may request that a report be re-opened and pursued under the Policy and Procedures if any new or additional information becomes available.
B. DETERMINATION THAT A CLAIMANT'S REQUEST(S) CANNOT BE HONORED
In those instances when the Title IX Coordinator determines that the University must proceed with an investigation despite the Claimant’s request that it not occur, the Title IX Coordinator will notify the Claimant that the University intends to initiate an investigation, but that the Claimant is not required to participate in the investigation or in any of the actions taken by the University.
The University’s ability to fully investigate and respond to a report may be limited if the Claimant requests anonymity or declines to participate in an investigation. The University will, however, pursue other steps to limit the effects of the Prohibited Conduct and prevent its recurrence. Those steps may be taken as part of an alternative resolution.
In all cases, the final decision on whether, how, and to what extent the University will conduct an investigation, and whether other measures will be taken in connection with any allegation of Prohibited Conduct, rests solely with the Title IX Coordinator.