Inquiry and Investigations for cases of Sexual Harassment and Sex-based Misconduct

When an official with the authority to institute corrective measures has been made aware of a potential violation, an inquiry or investigation will be initiated to determine what occurred and then take appropriate steps to resolve the situation. All students, staff and/or faculty are expected to cooperate in an investigation if contacted. Retaliation for participation in an inquiry or investigation is strictly prohibited and may result in disciplinary measures, separate from the original complaint of sexual misconduct.

12.8.1   Initial Review by Title IX Coordinator or Deputy Coordinator

The Title IX Coordinator or Deputy Coordinator will conduct an initial review of information in a sexual harassment or sex-based misconduct report or complaint to determine if there is sufficient information to proceed with an investigation, or if additional information is needed.

1. If the information is sufficient, the Title IX Coordinator will forward the complaint/report to an appointed investigative authority within 5 business days of the determination to proceed with the investigation.
   • If the allegations involve allegations misconduct that is sex-based, the complaint may be investigated as a possible violation under Title IX, sex-based misconduct, or both; and
   • A complaint dismissed under Title IX may continue as an allegation of sex-based misconduct; and
   • If a complaint is dismissed through Title IX, the complainant(s) may file an appeal with the senior compliance officer at the Office of Compliance.
2. If the information is insufficient, the Title IX Coordinator or Deputy Coordinator, in consultation with the System Ethics and Compliance Office, may conduct an inquiry into the circumstances of the complaint and;
   • Dismiss the complaint as baseless;
   • Close the complaint for insufficient information to investigate or lack of jurisdiction;
   • Refer the complaint to another office which has responsibility for such complaints;
   • With the consent of the parties, as well as with the approval of SECO, refer the complaint to informal resolution (If the complaint involves an allegation based on sex, a formal complaint is required before the complaint can be resolved through informal mediation).

The designated office will notify the complainant(s) of such action in writing.