Upon completion of an initial assessment, the Title IX Coordinator will determine the course of action under this Policy, which may include:
- Formal resolution: includes (a) an investigation to determine, by a preponderance of the evidence, if there has been a Policy violation; (b) the imposition of sanctions and other appropriate remedies if there has been a finding; and (c) the opportunity to challenge the outcome of the investigation or the sanction through an appeal;
- Alternative resolution: does not include an investigation or disciplinary action against a Respondent, but may include imposing appropriate and reasonable remedies, including education and training, as agreed to by the parties. Alternative resolution may be appropriate as an additional measure during sanctioning, or after a sanction has been completed and a Respondent is returning to the University community; or
- Additional remedies: may include training and other educational measures to members of the University community.
Detailed information regarding formal resolution, alternative resolution, and additional remedies is set forth below in Sections XII, XIII, and XIV, respectively.
The Title IX Coordinator’s course of action will be guided by: (1) whether the Claimant wishes to pursue formal resolution or requests anonymity, that an investigation not be pursued, and/or that no disciplinary action be taken; (2) the availability of information or evidence suggesting that a policy violation may have occurred; and (3) the University’s Title IX obligation to investigate or otherwise determine what happened and take corrective action as appropriate to eliminate, prevent and address the effects of the Prohibited Conduct.
A. WHERE THE CLAIMANT WISHES TO PURSUE FORMAL RESOLUTION
In every case in which the Claimant reports Prohibited Conduct and requests an investigation and the University has disciplinary authority over the alleged Respondent, the Title IX Coordinator will conduct an initial assessment to determine if formal resolution is appropriate under the Policy. If formal resolution is deemed appropriate, the University will initiate an investigation.
In some situations, the University’s actions will be limited if the reports of Prohibited Conduct are against someone who has no affiliation with the University.
Even though the University’s ability to take direct action against such a person may be limited, the University will still take steps to provide the Claimant immediate support and assistance available through University resources and resources available from entities outside the University (including law enforcement).
B. WHERE THE CLAIMANT REQUESTS ANONYMITY, THAT AN INVESTIGATION NOT BE PURSUED, AND/OR THAT NO DISCIPLINARY ACTION BE TAKEN
A Claimant may request that their name or other personally-identifiable information not be shared with a Respondent, that no investigation be pursued, or that no disciplinary action be taken. In these instances, before taking any further investigative steps, the University will forward Claimant’s requests, along with all available information about the report gathered during the initial assessment, to a review panel, described in Section XI below.
C.WHERE THE CLAIMANT REQUESTS THE MATTER BE RESOLVED THROUGH ALTERNATIVE RESOLUTION
A Claimant may request to the Title IX Coordinator or designee that the reported matter be resolved through an alternative resolution process. In these instances, the Title IX Coordinator will determine whether that approach is appropriate and whether the University needs to take additional actions. If the matter is appropriate to be resolved through an alternative resolution process, the Title IX Coordinator will refer the matter to OSCR as described further in this policy.