The formal complaint is a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the University investigate the allegation of sexual harassment. This is the first step in the grievance process.
18.104.22.168 Notice of Allegations
The Title IX Coordinator will provide written notice to the Complainant and Respondent containing the allegations of sexual harassment potentially constituting a violation of this policy, including sufficient details known at the time, and with sufficient time to prepare a response before any initial interview. The notice will also contain information outlining this grievance process and the informal resolution process.
22.214.171.124 Complaint Review
The Title IX Coordinator will make an initial determination whether the allegations in the complaint appropriately fall under the purview of Title IX. Such determination may be revisited throughout the process.
The Title IX Coordinator must dismiss a complaint under this policy if the conduct alleged in the formal complaint (a) would not constitute sexual harassment as defined in this policy even if proved; (b) did not occur in University educational programs or activities; or (c) did not occur against a person in the United States.
The Title IX Coordinator may dismiss a complaint at any time if (a) a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; (b) the Respondent is no longer enrolled or employed by the University; (c) or specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
Upon a dismissal in accordance with this section, the University will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the Parties. A dismissal is appealable in accordance with Section 14.3.10.
126.96.36.199 Case Consolidation
The University may consolidate formal complaints as to allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of sexual harassment arise out of the same facts or circumstances. Where a grievance process involves more than one Complainant or more than one Respondent, references in this policy to the singular “Party,” “Complainant,” or “Respondent” include the plural, as applicable.