EO Process

Key Definitions

• Advisor: An individual (e.g., parent, friend, colleague, attorney) who helps a Complainant or Respondent understand the process. They may not represent or speak on behalf of the parties.
• Appeal Officer: A trained university employee or external professional with decision-making authority for appeals under this policy.
• Complainant: A student, employee, or other person who alleges being subjected to prohibited conduct under the policy.
• Decisionmaker: Determines if prohibited conduct occurred. May be a Hearing Officer or Investigator depending on the process.
• Finding: A written conclusion by a Hearing Officer or Investigator determining whether alleged conduct occurred.
• Hearing Officer: A trained individual with authority to conduct hearings under this policy.
• Party/Parties: Complainants and Respondents involved in a resolution process.
• Respondent: An individual alleged to have engaged in conduct violating the policy.
• Sanction: Disciplinary actions that may be imposed on a Respondent found responsible.
• Sanctioning Officer: The official who imposes sanctions. Depends on whether the Respondent is a student, employee, or third party.
• Support Person: Provides emotional support during the process. May not speak or advocate for the party.
• Witness: An individual (student, employee, or third party) who may have information related to the report.

Appeal Process

See Pages 27–29 of the Other than Sex-Based Policy. 

1. Appeal Filed

   An appeal regarding the outcome of an investigation may be filed by either the Complainant or the Respondent. Must be in writing and sent to the Director within 5 business days of the outcome notice.

2. Parties Notified of Appeal

   Within 3 business days of receipt, the Director will notify the other Party and provide a copy of the appeal.

3. Response to Appeal

   The other Party has 5 business days to respond in writing. Not replying does not mean agreement with the appeal.

4. Appeal Officer Appointed

   The Director appoints an Appeal Officer and notifies the Parties. Within 3 business days, either Party may object due to bias or conflict of interest.

5. Grounds for Appeal

   Appeals may be filed only on these grounds:

   • Procedural Error
   • New Evidence
   • Actual Conflict of Interest
   • Disproportionate Sanctions 

6. Determination

   The Appeal Officer determines, based on a preponderance of evidence, whether any grounds are substantiated.

7. If Substantiated…

Possible actions include:

1. • Returning matter to Investigator/Decisionmaker/Sanctioning Officer to correct errors or review new evidence
   • Appointing an alternative Decisionmaker or Sanctioning Officer
   • Revising the sanction if disproportionate

2. Notification

   The Appeal Officer notifies the Parties in writing of the decision and rationale within 10 days of receiving the non-appealing Party's response.

The Appeal Officer’s decision is final and not subject to appeal.

Other Important Process Information

What falls under Federal IX?

Sexual Harassment (Under 2020 Title IX Regulations), sometimes referred to as the “Narrow IX”

• Any of the following offenses:
  • An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
  • 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;
  • Sexual Assault
  • Dating Violence
  • Domestic Violence
  • Stalking
• That occurred on or after August 14, 2020; and
• That occurred either on campus, on any University-owned or leased property, or in a building owned or controlled by an officially recognized University organization, and/or in a University program or activity; and
• That occurred to a Complainant who was participating in or attempting to participate in a University program or activity in the United States or was an applicant to, or employee of, the University.

Factors Considered with Sanctioning

Factors that may be considered when determining a sanction/corrective action include:

• The nature, severity of, and circumstances surrounding the violation.
• The Respondent’s disciplinary history.
• Previous grievances or allegations against the Respondent involving similar conduct.
• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, or retaliation.
• The need for sanctions/corrective actions to prevent the future recurrence of discrimination, harassment or retaliation.
• The need to remedy the effects of the discrimination, harassment or retaliation on the victim and the campus community.

Student Sanctions

Possible sanctions/corrective actions for student Respondents include, but are not limited to:

• Verbal or written warning
• Educational sanctions
• Contributed service
• Restitution
• Fines
• Loss of privileges
• No contact directive
• Disciplinary probation
• Deferred suspension
• Interim suspension
• Suspension
• Expulsion

Employee Sanctions

Possible sanctions/corrective actions for faculty or staff Respondents include, but are not limited to:

• Verbal or written warning
• Performance improvement plan or process
• Enhanced supervision or review
• Required training or education
• Probation
• Denial of pay increase
• Removal of supervisory or other oversight responsibility
• Demotion
• Transfer
• Reassignment
• Delay of tenure track progress
• Restrictions on stipends, research, and/or professional development resources
• Suspension with pay
• Suspension without pay
• Revocation of tenure
• Termination

At Sanctioning Phase:

• Human Resources will be consulted for Staff Respondents.
• Provost will be consulted for Faculty Respondents.