Title IX Process

Grievance Procedures. The Grievance Procedures adopted as part of the Title IX Policy and Procedures are GovState’s procedures for institutional disciplinary action in cases of alleged sexual harassment that fall within the parameters the federal Title IX statute and regulations (20 U.S.C. § 1681, 34 C.F.R. Part 106). Specifically, the Grievance Procedures address the resolution of complaints brought by complainants (who are University students or employees) against respondents (who are University students or employees) that allege sexual harassment that occurred within the University’s education programs or activities within the United States.

• Formal Complaint.  The resolution process under the Grievance Procedures officially begins when the Title IX Coordinator receives and accepts a written document filed by a complainant, or signed by the Title IX Coordinator, alleging sexual assault, dating violence, domestic violence, or stalking against a respondent and requesting that the University investigate the allegation (a “Formal Complaint”).
   
• Right to an Advisor.  Every party to a Formal Complaint resolution process under the Grievance Procedures has the right to be accompanied to any meeting, interview, hearing, or other proceeding by one advisor of their choice.  A party’s chosen advisor may be, but is not required to be, an attorney. Whether or not the advisor is an attorney, the advisor may be the party’s friend, mentor, or family member or any other individual selected by the party and willing to act in the role of the party’s advisor.  GovState does not limit a party’s choice of advisor, but the University has established restrictions regarding the extent to which an advisor may participate in proceedings, which restrictions apply to both parties.
   
• Presumption of Non-responsibility.  Respondents are presumed not to be responsible for the sexual harassment alleged in the Formal Complaint for purposes of investigating issues raised in the Formal Complaint. A determination regarding responsibility is made at the conclusion of the resolution process.

Overview of Investigation, Hearing, and Determination.  The process for resolving Formal Complaints under the Grievance Procedures generally proceeds as follows:

1. The resolution of all Formal Complaints is to be thorough, reliable, impartial, prompt, and fair throughout the entire process.  The Title IX Coordinator and any assigned Investigator or Decisionmaker assigned to a matter will be appropriately trained for their role and act without bias or conflict of interest.
2. Upon receipt of a Formal Complaint based on the allegations of sexual harassment, the Title IX Coordinator assigns one or more appropriate Investigators, and written notice of an investigation and the allegations is sent to the parties.
3. An investigation may involve interviewing all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary.  The burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the University and not the parties. 
4. The parties will have the opportunity to review all evidence directly related to the alleged misconduct that is gathered by the Investigator.
5. The Investigator will write a comprehensive Investigation Report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence, but including no conclusions, analysis, or recommendations with respect thereto (appendices including relevant physical or documentary evidence will be included with the report).
6. Once the Investigation Report is shared with the parties, the parties will have an opportunity to provide written responses to the Investigation Report.
7. At the conclusion of the Investigation Stage, the Title IX Coordinator refers the matter for a hearing and assigns one or more appropriate Decisionmakers to oversee the Hearing Stage.
8. During the Hearing Stage, the Decisionmaker will preside over a live hearing attended by the parties and their advisors and any appropriate witnesses.  Hearings may be held in person or virtually as the Decisionmaker decides with input from the parties.
9. At the hearing, the Decisionmaker has the authority to hear and make determinations on all allegations of sexual harassment.  First, the Investigator presents a summary of the Investigation Report. Then, the parties and witnesses have the opportunity to provide relevant information in turn, beginning with the Complainant. During the hearing, questioning on behalf of a party (of the Investigator, the other party(ies), and witnesses) is conducted by the parties’ respective Advisors, so the parties will never speak directly to each other.
10. After the hearing is complete, the Decisionmaker issues a written determination, simultaneously to all parties, regarding whether the Respondent is responsible for committing any sexual harassment in violation of Policy 78. To reach this determination, the preponderance of evidence burden of proof must be applied. The written determination also includes information about appealing the Decisionmaker’s determination and information about when the determination becomes final.
11. Where the Decisionmaker finds that, by a preponderance of the evidence, the Respondent is responsible for a violation of Policy 78, the Decisionmaker confers with appropriate University personnel (e.g., the Human Resources Department or Office of the Dean of Student) regarding appropriate disciplinary sanctions, and information about any such sanctions are included in the Decisionmaker’s written determination.

Appeals. Any party may file with the Title IX Coordinator a written request for appeal from the Decisionmaker’s responsibility determination and/or the prescribed disciplinary sanction (if any) within ten (10) business days of delivery of the responsibility determination. If a request for appeal is timely filed, the appeal process will proceed as follows:

1. An appropriate Appeal Decisionmaker will be appointed by the Title IX Coordinator for purposes of deciding the requested appeal.  The individual appointed will have received training on carrying out this role and will be free of any conflict of interest or bias.
2. The Appeal Decisionmaker will determine if the request for appeal meets any of the permissible grounds for appeal.  The permissible grounds are:
   1. Procedural irregularity that affected the outcome of the matter; 
   2. New evidence that was not reasonably available at the time the determination regarding responsibility was made, that could affect the outcome of the matter;
   3. The Title IX Coordinator, Investigator, or Decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; and
   4. The disciplinary sanction(s) imposed is substantially disproportionate to the severity of the misconduct for which the respondent was determined to be responsible.
3. All parties and advisors will be notified simultaneously in writing of that determination and the underlying rationale. 
4. If the request for appeal does not meet any of the permissible grounds, the parties and their advisors will be simultaneously notified that the appeal is dismissed. 
5. If the request for appeal does meet one or more of the grounds for appeal, each party will have an opportunity to submit a written statement to the Appeal Decisionmaker in support of or challenging the determination or disciplinary sanction being appealed.
6. The Appeal Decisionmaker will collect any additional information needed, at their discretion, and, based on the additional information, all documentation related to the relevant ground(s) for appeal, and the appeal statements, will render a decision on the appeal.  The decision on the appeal will be sent, in writing to all parties and their advisors simultaneously, and will include a rationale for the decision.
7. Any disciplinary sanctions imposed on a respondent will be stayed during the appeal process.
8. Once an appeal is decided, the outcome is final.  Further appeals are not permitted, even if a responsibility determination or disciplinary sanction is changed based on an appeal.

Timeframe.  The University will make every reasonable attempt to complete the major stages of the resolution process under the Grievance Procedures within the following timeframes:

• Investigation State – forty-five (45) business days
• Hearing Stage – thirty-five (35) business days
• Determination Stage – forty (40) business days
• Appeal Stage (if any) – thirty (30) business days

This proposed timeline anticipates all parties, advisors, and witnesses reasonably cooperating with the Investigator and Decisionmaker in scheduling all meetings, interviews, and hearings.  If a party, advisor, or witness fails or refuses to cooperate and make themselves reasonably available to attend any necessary meetings, interviews, or hearings, the Investigator and/or Decisionmaker has the discretion to move forward with the resolution process without that individual’s participation. Ultimately, the length of the resolution process will depend on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.