What happens when a report is made?
The OE has an obligation and jurisdiction to determine whether the alleged conduct warrants further action. When a complainant (reporting party) has concerns about behaviors that are a potential violation of university policies, the OE provides information about options for resolution, educational or formal processes, supportive measures, and additional resources.
The educational process provides a remedies-based approach specific to the circumstances of the incident, but does not make a determination as to whether a policy has been violated. The process does not involve a written report. This approach allows the university to tailor responses to the unique facts and circumstances of an incident, particularly in cases where there is not a broader threat to individual or campus safety. In these cases, the OE may do one or more of the following when appropriate:
- Determine supportive measures available to the complainant that do not punish or penalize the person accused of the misconduct.
- Provide a remedies-based resolution tailored to the circumstances that helps prevent the behavior from continuing and does not punish or penalize the person accused of the misconduct.
- Provide targeted and/or broad-based educational programs or training.
Review the OE's reporting and resolution options in full related to each specific policy here.
A formal resolution process (formal investigation) may result in disciplinary action if the alleged behavior is found to be a violation under university policy. The formal investigation process includes specific procedures in order to protect due process rights for all parties.
In a formal process, the complainant (reporting party) and the respondent each have the right to:
- A process conducted by trained officials who do not have a conflict of interest or bias for or against the complainant (reporting party) or respondent.
- Interim measures, as reasonably appropriate and available, before or during a formal process. Such measures are intended to maintain the educational or employment environment for involved parties.
- Receive notice prior to participating in a meeting, interview, or hearing with sufficient time to prepare for meaningful participation.
- Present relevant information, including evidence and identifying witnesses, and the right to inspect or review any evidence obtained.
- Have an advisor of their choosing to accompany them.
- If applicable to the process, a hearing where each party has an advisor of their choosing, or one provided by the university at no cost, to conduct cross-examination. Live hearings will be conducted virtually, with parties located in separate rooms. Hearings are closed to the public.
- The option to appeal the formal adjudication findings or sanction as applicable.
Review the OE's reporting and resolution options in full related to each specific policy here.
In cases where the formal adjudication results in a finding of a policy violation, disciplinary action will be based on whether someone is a student or employee and on the applicable policy.
Factors considered in sanctioning may include severity and/or pervasiveness of the conduct, relationship between the parties, whether there was use of force/violence, weapons, or threat of violence, whether the complainant was incapacitated (if applicable), impact on the complainant and respondent, prior history of related conduct, and ongoing risk to safety for the complainant or the university community.
Sanctions for respondents, whether a student or an employee, are determined by the factors in each case and may include educational sanctions, probation, letter of reprimand or corrective action, restrictions or denial of university services, suspension, exclusion from campus, expulsion, demotion, dock in pay, or dismissal.
Review the OE's reporting and resolution options in full related to each specific policy here.