Process

Roles and Responsibilities

Office of Civil Rights Compliance (OCRC)

• Receives reports and meets with Complainant to explore options and provide resources
• Facilitates supportive measures
• Assesses sufficiency of formal complaints
• Determines whether the alleged misconduct falls within the scope of the Policy
• Works with the Threat Assessment Program to complete an individualized safety and risk analysis to determine if emergency removal is required
• Updates Complainant if there will be a Crime Alert or if Title IX Coordinator initiates a formal complaint
• Ensures compliance with Title IX, university policy, and other federal laws

Advisor

• Complainant and Respondent may have up to two advisors of their choosing
• Provides support and/or advice throughout a university resolution process
• May attend all meetings at which the party is entitled to be present
• Support Advisors for Complainants may be provided through a confidential certified advocacy agency (RVAP, DVIP, Monsoon, or Nisaa)

Department of Public Safety (DPS)

• Assesses whether a Crime Alert needs to be issued

Office of Civil Rights Compliance (OCRC) works with members of the university community in situations involving possible sexual harassment, sexual misconduct, dating/domestic violence, or stalking. 

The Office of Civil Rights Compliance (OCRC) is not a confidential office. Information about a report may be shared as needed with others involved in the university’s response process.

Though the Title IX Coordinator may initiate a formal complaint, participation in a university resolution process is always voluntary for Complainants and Respondents.

Process

Roles and Responsibilities

Office of Civil Rights Compliance (OCRC)

• Provides process expertise and updates to Complainant and Respondent
• Facilitates supportive measures for both Complainant and Respondent
• Assesses suitability of the circumstances to the Adaptable Resolution
• Gauges interest of the non-requesting party to move forward with Adaptable Resolution
• Sends Notice of Formal Complaint to parties
• Ensures compliance with Title IX, university policy, and other federal laws

Advisor

• Complainant and Respondent may have up to two advisors of their choosing
• Provides support and/or advice throughout a university resolution
• May attend all meetings at which the party is entitled to be present

Adaptable Resolution Facilitator

• Works with the parties when they want to attempt to reach a resolution without a Formal Grievance Process

The Adaptable Resolution process requires a Formal Complaint and may be requested by either the Complainant or the Respondent. Such a request may be initiated at the outset of the complaint process, or at any time prior to final determination.A successful Adaptable Resolution consists of a voluntary written agreement reached by both parties.

Either party may choose to discontinue the Adaptable Resolution at any point and return to the Formal Grievance Process.

Process

Roles and Responsibilities

Office of Civil Rights Compliance (OCRC)

• Provides process expertise and updates to Complainant and Respondent
• Facilitates supportive measures for both Complainant and Respondent
• Determines whether Process A or Process B would apply in a Formal Grievance Process
• Sends Notice of Formal Complaint to parties
• Conducts the investigation, which includes gathering information, assessing the relevance, and synthesizing the evidence into an investigation report
• Parties will have the opportunity to inspect and review all related evidence obtained from any party as a part of the investigation.
• Makes findings and a final determination in cases not requiring a hearing
• Ensures compliance with Title IX, university policy, and other federal laws

Advisor

• Complainant and Respondent may have up to two advisors of their choosing
• Provides support and/or advice throughout a university resolution process
• May attend all meetings at which the party is entitled to be present

The Formal Grievance Process also requires a Formal Complaint. This process starts with the appointment of an investigator who gathers information, assesses relevance, synthesizes the evidence, and compiles this information into an investigation report and file of directly related evidence.

In cases where a hearing is not required (Process B), the investigator also makes findings and a final determination.

Process

Roles and Responsibilities 

Office of Civil Rights Compliance (OCRC)

• Provides process expertise and updates to Complainant and Respondent
• Facilitates supportive measures for both Complainant and Respondent
• Investigator presents a summary of the investigation report to the Adjudicator
• Investigator responds to questions about their report from Adjudicator and parties’ Hearing Advisors
• Issues Notice of Outcome to both Complainant and Respondent
• Ensures compliance with Title IX, university policy, and other federal laws

Hearing Advisor

• Will be provided by the university if a party does not have one
• Asks questions of parties and witnesses at the hearing

Hearing Adjudicator

• Facilitates hearing preparations and conducts the hearing
• Makes determinations on the relevancy of questions during the hearing
• Assesses credibility of the parties and witnesses
• Makes findings of fact and applies facts to the policy
• Makes final determination based on the preponderance of the evidence
• Recommends sanctions and remedies, if applicable

Sanctioning Administrator

• Receives Adjudicator’s decision, including final determination from the Office of Civil Rights Compliance (OCRC)
• When final determination indicates a policy violation, makes a sanctioning decision and writes a letter for inclusion with Notice of Outcome

Process A applies when the alleged behavior constitutes sexual harassment under Title IX or if the alleged sexual misconduct or sexual harassment, if true, would likely result in a student respondent’s suspension or expulsion. In Process A, final determination requires a live hearing with advisor-led questioning of the parties and witnesses.

A Hearing Adjudicator determines by a preponderance of the evidence whether university policy was violated and issues the final determination to the TIX Coordinator. If there is a policy violation, the Sanctioning Administrator will determine the sanction. A Notice of Outcome and sanctioning decision, if appropriate, will be issued simultaneously to the Complainant and Respondent.

Process

Roles and Responsibilities

Office of Civil Rights Compliance (OCRC)

• Provides process expertise and updates to Complainant and Respondent
• Facilitates supportive measures for both Complainant and Respondent
• Investigator makes the findings and a final determination
• Issues Notice of Outcome to both Complainant and Respondent
• Ensures compliance with Title IX, university policy, and other federal laws

Advisor

• Complainant and Respondent may have up to two advisors of their choosing
• Provides support and/or advice throughout a university resolution process
• May attend all meetings at which the party is entitled to be present

Sanctioning Administrator

• Receives final determination from the Office of Civil Rights Compliance (OCRC)
• When final determination indicates a policy violation, makes sanctioning decision and writes letter for inclusion with Notice of Outcome

Process B applies when the alleged behavior does not constitute sexual harassment under Title IX, but does constitute prohibited conduct within the Interim Policy on Sexual Harassment and Sexual Misconduct and, if true, would not result in a student respondent’s suspension or expulsion.

The investigator(s) will issue an investigation report including findings and a final determination based on a preponderance of the evidence.

Process

Roles and Responsibilities