Title IX Process

When the Title IX Office receives a report, the Title IX Coordinator will make an initial assessment and respond to any immediate health or safety concerns raised in the report. The initial assessment includes:

1. Assess the Complainant’s safety and well-being, and offer supportive measures and assistance;
2. Inform Complainant of the right to seek medical treatment and explain the importance of obtaining and preserving forensic and other evidence;
3. Inform Complainant of the right to contact law enforcement, decline to contact law enforcement, and/or seek a protective order;
4. Inform Complainant about University and community resources, the right to seek appropriate and available supportive measures, and how to request those;
5. Inform Complainant of the right to seek Informal Resolution (when available) or Formal Resolution; ascertain Complainant’s expressed preference on how they want to proceed; and discuss any concerns or barriers to participating in investigation and resolution;
6. Explain the prohibition against retaliation and that prompt action will be taken in response to any act of retaliation;
7. Access the nature and circumstances of the report, including whether it provides names and/or any other information that personally identifies the Complainant, Respondent, any witness, and/or any other third party with knowledge of the incident;
8. Ascertain the ages of Complainant and Respondent, if known, and if either party is a minor, contact the appropriate child protective service agency; and
9. Communicate with MUPD and other appropriate Marshall officials to determine whether the report triggers Clery obligations.

After Title IX conducts initial assessment and seeks desired outcome from Complainant, the Title IX Office will determine which process to follow based upon the Complainant’s wishes and information gathered.

The options for resolution are:

• Dismissal
• Informal Resolution
• Formal Resolution

If the allegations forming the basis of the Formal Title IX Complaint would not, if substantiated, constitute Title IX Sexual Harassment or Retaliation, the Title IX Coordinator shall dismiss the Formal Title IX Complaint from the Formal Resolution Process (“Mandatory Dismissal”).

• Mandatory Dismissal: If the conduct alleged in the formal complaint (a) would not constitute sexual harassment as defined in Policy GA-1 even if proven, (b) did not occur in the University’s education program or activity, or (c) did not occur against a person in the United States, then the University’s Title IX Coordinator must dismiss the formal complaint with regard to that conduct for the purposes of sexual harassment under Title IX, or this part; such dismissal does not preclude action under another provision of the Student Code of Conduct. The Title IX Coordinator may also discretionarily dismiss complaints in certain circumstances (“Discretionary Dismissal”).
• Discretionary Dismissal: The Title IX Coordinator may dismiss the formal complaint or any allegations therein if, at any time during the investigation or hearing; (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; or (c) specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

The Title IX Complainant (“Complainant”) and the Title IX Respondent (“Respondent”) may request a review of the dismissal, as described in the procedures. The Title IX Coordinator may also refer the matter to other departments.

An informal resolution is an alternative to a formal investigation in which both sides voluntarily agree to “informally” resolve issues or concerns involving harassment, discrimination, or retaliation.

1. If either party wishes to pursue an informal resolution, they can at any time before a determination in the matter.
2. Parties have to agree to an informal resolution. If only one party agrees, the formal resolution process will continue.
3. If the parties agree to an informal resolution, the Title IX Office will work with the parties to determine the terms of the resolution.
4. The resolution’s terms will be written, and all parties must sign the document.

The Title IX Office remains available for support/questions/resources for the parties, regardless of the outcome.

A formal resolution involves conducting an investigation, and possible hearing to determine responsibility, if any, for that sexual misconduct. The steps of a formal resolution include:

1. Formal Complaint Filed
2. Notice of Investigation issued to all parties. This includes the assignment to an Investigator.
3. Parties may provide information via interviews, written statements, providing witnesses, and/or other evidence.
4. Investigator creates a Draft Investigation Report and provides it to the parties for response and reply.
5. Written responses and replies and any additional evidence are added to the Final Investigation Report.
6. Investigator supplies a Final Investigation Report to the Title IX Coordinator for distribution to the parties.
7. Parties can file a response to the Final Investigation Report.
8. After reviewing the Final Investigation Report and any responses, the Title IX Coordinator determines whether the investigation reveals facts requiring or permitting dismissal or whether the matter should be referred for a hearing. If the Title IX Coordinator dismisses the matter, the parties can appeal the dismissal.
9. The matter is concluded if dismissal is neither appealed nor upheld.
10. If the matter is referred for a hearing, a pre-hearing conference and a hearing will be held.
11. The hearing will be held wherein the Review Panel will decide whether, considering all of the information before it, it is more likely than not that the Respondent violated the Policy. If the Panel determines that the Respondent violated the Policy, it may issue sanctions. Panel decisions are made by majority vote.
12. Parties may appeal the decision of the Review Panel on the basis allowed under the procedures.
13. An appeal officer reviews the appeal and any responses before issuing a decision. The Appeal Officer’s decision is final.

The Title IX Office remains available for support/questions/resources for the parties, regardless of the outcome.