Formal Resolution Processes
When a formal resolution process is initiated, one of two resolution processes outlined below may apply depending upon the nature of the alleged prohibited conduct in a Formal Complaint under the university’s Policy on Prohibited Discrimination, Harassment, and Retaliation (the Policy).
The key difference between the two resolution processes is that under the Resolution Process for Sexual Misconduct, a live hearing is required and the decision as to whether the Policy has been violated is made by an external, trained hearing officer.
Overview and Key Steps in the Two Formal Resolution Processes
Resolution Process NOT Relating to Sexual Misconduct
Download the Resolution Process for Discrimination, Harassment, and Retaliation
If the Formal Complaint is filed and alleges any of the following prohibited conduct:
- Discrimination (either Disparate Treatment or Disparate Impact)
- Hostile Environment Harassment (based on a protected class other than sex or gender)
- Retaliation
1
Assessment of Formal Complaint
A Formal Complaint is filed by the reporting party. The Formal Complaint is then assessed to determine whether it falls within the scope and jurisdiction of the Policy.
2
Notice of Investigation
Written notice of the allegations is provided concurrently to the reporting party and respondent, with sufficient detail and time to prepare for an initial interview.
3
Fact Gathering
A thorough search for relevant facts and evidence is conducted by a trained investigator who is free from conflicts of interest or bias. During the investigation, both parties are provided an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
4
Evidence Review
Parties may review and respond to all information gathered in the investigation that is directly related to the allegations.
5
Investigative Report
An investigative report is issued to both parties, which includes a determination regarding responsibility.
6
Sanctioning Officer/Panel
Sanctioning Officer/Panel convenes to determine an appropriate sanction if there is a finding of responsibility. The composition of the panel is determined by the status of the respondent.
7
Appeal
Either party may appeal for: (1) procedural irregularity, (2) new evidence, or (3) conflict of interest or bias. The appellate authority is determined by the status of the respondent.
Resolution Process Relating to Sexual Misconduct
Download the Resolution Process for Sexual Misconduct
If the Formal Complaint is filed and alleges any of the following prohibited conduct:
- Title IX Sexual Harassment, including Sexual Assault, Dating and Domestic Violence, and Stalking
- Sexual and Gender-Based Harassment
- Nonconsensual Viewing, Recording, and Dissemination
- Exposure
- Other Forms of Dating and Domestic Violence
- Retaliation
1
Assessment of Formal Complaint
The Formal Complaint is then assessed to determine whether it falls within the scope and jurisdiction of the Policy.
2
Notice of Investigation
Written notice of the allegations is provided concurrently to the reporting party and respondent, with sufficient detail and time to prepare for an initial interview.
3
Fact Gathering
A thorough search for relevant facts and evidence is conducted by a trained investigator who is free from conflicts of interest or bias. During the investigation, both parties are provided an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
4
Evidence Review
Parties may review and respond to all information gathered in the investigation that is directly related to the allegations.
5
Investigative Report
An investigative report is issued to both parties, which includes a summary of evidence determined to be relevant by the investigator.
6
Live Hearing
Live Hearing with questioning conducted by the Hearing Officer and by the parties’ Hearing Advisors. Rules that limit what evidence may be considered in making a determination of responsibility will apply.
7
Sanctioning Officer/Panel
Sanctioning Officer/Panel convenes if there is a finding of responsibility to determine an appropriate sanction. The composition of the panel is determined by the status of the respondent.
8
Notice of Outcome
Issued to the parties with a determination regarding responsibility and sanction determination. Parties are provided with an opportunity to review the written determination and sanction.
9
Appeal
Either party may appeal for: (1) procedural irregularity, (2) new evidence, or (3) conflict of interest or bias. Appellate authority is determined by the status of the respondent.
Read more about our processes and the Policy itself in our Frequently Asked Questions.