Resolution Process for Alleged Violations
University Process for Complaint Resolution
Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation
of the Policy, University initiates a prompt听initial听assessment to determine the next steps the University needs to take.
The University听will initiate听at least听one of three responses:
1) Offering supportive measures because the Complainant does not want to proceed formally;
and/or
2) An informal resolution; and/or
3) A formal investigation and grievance process that includes a live听hearing and a
finding.
The investigation and grievance process will determine whether or not the Policy has
been violated. If so, the University听will promptly implement effective remedies designed
to ensure that it is not deliberately indifferent to harassment or discrimination,
their potential recurrence, or their effects.
Process A and the procedures below apply听only听to qualifying allegations of sexual harassment (including, sexual assault, dating
violence, domestic violence, and stalking, involving students, staff, administrator,
or faculty members within the scope of Title IX jurisdiction.
The Title IX Regulations of 2020 have defined in detail the complaints of sexual harassment
that fall under the jurisdiction of Title IX and require a specific protocol for addressing
and resolving a grievance. Specifically听 Sexual Harassment as defined by Title IX听is
conduct on the basis of sex that satisfies one or more of the following:听 (1) An employee
of the University conditioning the provision of an aid, benefit, or service of the
University on an individual鈥檚 participation in unwelcome conduct of a sexual nature,
whether verbal or physical;听 (2) Unwelcome conduct determined by a reasonable person
to be so severe, pervasive, and objectively offensive that it effectively denies a
person equal access to the University鈥檚 education program or activity; or (3) 鈥淪exual
assault鈥� as defined in 20 U.S.C. 1092(f)(6)(A)(v), 鈥渄ating violence鈥� as defined in
34 U.S.C. 12291(a)(10), 鈥渄omestic violence鈥� as defined in 34 U.S.C. 12291(a)(8), or
鈥渟talking鈥� as defined in 34 U.S.C. 12291(a)(30).
Process B applies to sexual misconduct and power-based violence (including sexual
harassment, sexual assault, dating violence, domestic violence, and stalking, sexual
exploitation and other types of power-based violence) when jurisdiction does not fall
within Process A, as determined by the Title IX Coordinator.
For the details regarding these processes, see the:
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Process of Investigation and Adjudication of the Criminal Justice System听
The following is a brief overview of the general process of investigation and adjudication
of the criminal justice system associated with a criminal complaint.
Criminal Investigations:
A Criminal Investigation begins when one of the following occurs:听 A crime is committed
in the presence of a police officer, a person(s) comes forward to report they have
been the victim of a crime, and information is received that illegal activity may
be taking place (individual or business).听听 The responding officer must determine
that a crime had likely occurred, may have occurred or in fact did occurred.听听 At
this point the reporting agency/officer will begin collecting needed information for
the initial police report.听听 The officer will take statements from the victim (written/
recorded), collect and log physical evidence, and speak with witnesses (written/recorded).听
Note:听听 Depending on the elements of the crime and the seriousness of the crime it
will be classified as either a Felony or Misdemeanor.听
Arrest of Perpetrator:
At the conclusion of a Criminal Investigation the officer may need to make an arrest
of the perpetrator (suspect).听听 This can be done by a physical arrest (suspect located
and placed in jail), a summons arrest (suspect located and issued a summons in lieu
of arrest), and a Warrant Arrest.听听 During the warrant arrest the officer will type
a warrant which contain all of the facts and elements of the crime.听 The officer will
then present the warrant to a judge having jurisdiction. The judge will review the
warrant, have the officer swear to the facts, and then set bond.听
Note:听 A case can be forwarded to the Prosecuting Attorney鈥檚 office for review.听 They
will then decide whether an arrest should be made or not made.听听
Court proceedings:
Once the suspect has been placed in a correctional facility he/she will have the opportunity
to bond out.听 A court date will then be set in which the suspect will enter a plea
of guilty or not guilty.听 If a not guilty plea is entered then a trial date will be
set.听 The court at this time will also determine if the suspect is eligible for a
court appointed attorney.
Note:听 The Prosecuting Attorney has a lot of discretion on the manner in which the
case proceeds through the court system.听 Ex. Plea bargaining, Diversion Programs,
Etc...听 The A.D.A. also determines if a case will in fact be prosecuted.听听
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TITLE IX