Conduct Governed by Title IX of the Education Amendments of 1972: Sexual and Related Misconduct Policy

Reports submitted to the University will be analyzed upon receipt. The Title IX Coordinator, Vice President for Student Affairs, Deans of Students, or their designee will determine if a report of sexual or related misconduct is within the scope of Title IX of the Education Amendments of 1972. If that law is deemed applicable, the Title IX grievance process will apply to the investigation and adjudication of a Formal Complaint.

If any element below is not met, the Title IX Coordinator, Deans of Students, or their designee must notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX grievance process:

  1. The conduct is alleged to have occurred in the United States;
  2. The conduct is alleged to have occurred in the University’s education program or activity; or
  3. The alleged conduct, if true, would constitute prohibited conduct as defined in Section IV, “Conduct Prohibited by Title IX of the Education Amendments of 1972,” above.

The parties may appeal this decision to dismiss a Formal Complaint. If the party challenging the mandatory dismissal is a student, the appeal of this dismissal must be submitted to the Vice President for Student Affairs or their designee. If the party challenging the mandatory dismissal is an employee, the appeal of this dismissal must be submitted to the Vice President for Human Resources or their designee (see Section IX, “Appeal of Dismissals or Determinations”).

If any event below takes place, the Title IX Coordinator, Vice President for Student Affairs, Deans of Students, or their designee may notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX grievance process:

  1. A complainant notifies the Title IX Coordinator, Vice President for Student Affairs, Deans of Students, or their designee in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
  2. The respondent is no longer enrolled at or employed by the University; or
  3. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

The parties may appeal this decision to dismiss a Formal Complaint. If the party challenging the discretionary dismissal is a student, the appeal of this dismissal must be submitted to the Vice President for Student Affairs or their designee. If the party challenging the discretionary dismissal is an employee, the appeal of this dismissal must be submitted to the Vice President for Human Resources or their designee.

Upon dismissal for the purposes of the Title IX grievance process, the University retains its discretion to apply any section of the Policy and Procedures that remains applicable.

The Title IX regulations apply to specific forms of sexual harassment and under specific circumstances. However, if a formal complaint contains allegations that, if proven, would constitute Title IX sexual harassment along with allegations that, if proven, would not constitute Title IX sexual harassment, but are otherwise prohibited by this Policy, the University can move forward under the Title IX resolution and adjudication process to address all allegations in the formal complaint.