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 initial assessment to determine the next steps the University needs to take.

The University will initiate at least 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 hearing and a finding.

The investigation and grievance process will determine whether or not the Policy has been violated. If so, the University 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 only 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  Sexual Harassment as defined by Title IX is conduct on the basis of sex that satisfies one or more of the following:  (1) An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome conduct of a sexual nature, whether verbal or physical;  (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’s education program or activity; or (3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” 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:

Sexual Misconduct and Power-Based Violence Grievance Procedures

 

Process of Investigation and Adjudication of the Criminal Justice System 

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:  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).   The responding officer must determine that a crime had likely occurred, may have occurred or in fact did occurred.   At this point the reporting agency/officer will begin collecting needed information for the initial police report.   The officer will take statements from the victim (written/ recorded), collect and log physical evidence, and speak with witnesses (written/recorded). 

Note:   Depending on the elements of the crime and the seriousness of the crime it will be classified as either a Felony or Misdemeanor. 

Arrest of Perpetrator:

At the conclusion of a Criminal Investigation the officer may need to make an arrest of the perpetrator (suspect).   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.   During the warrant arrest the officer will type a warrant which contain all of the facts and elements of the crime.  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. 

Note:  A case can be forwarded to the Prosecuting Attorney’s office for review.  They will then decide whether an arrest should be made or not made.  

Court proceedings:

Once the suspect has been placed in a correctional facility he/she will have the opportunity to bond out.  A court date will then be set in which the suspect will enter a plea of guilty or not guilty.  If a not guilty plea is entered then a trial date will be set.  The court at this time will also determine if the suspect is eligible for a court appointed attorney.

Note:  The Prosecuting Attorney has a lot of discretion on the manner in which the case proceeds through the court system.  Ex. Plea bargaining, Diversion Programs, Etc...  The A.D.A. also determines if a case will in fact be prosecuted.