Process

Roles and Responsibilities

Title IX and Gender Equity Unit (TIXGE)

• Receives reports and meets with Complainant to explore options and provide resources
• Facilitates supportive measures
• Assesses sufficiency of formal complaints
• Determines whether the alleged misconduct falls within the scope of the Policy
• Works with the Threat Assessment Program to complete an individualized safety and risk analysis to determine if emergency removal is required
• Updates Complainant if there will be a Crime Alert or if Title IX Coordinator initiates a formal complaint
• Ensures compliance with Title IX, university policy, and other federal laws

Advisor

• Complainant and Respondent may have up to two advisors of their choosing
• Provides support and/or advice throughout a university resolution process
• May attend all meetings at which the party is entitled to be present
• Support Advisors for Complainants may be provided through a confidential certified advocacy agency (RVAP, DVIP, Monsoon, or Nisaa)

Department of Public Safety (DPS)

• Assesses whether a Crime Alert needs to be issued

Process

Roles and Responsibilities

Title IX and Gender Equity Unit (TIXGE)

• Provides process expertise and updates to Complainant and Respondent
• Facilitates supportive measures for both Complainant and Respondent
• Assesses suitability of the circumstances to the Adaptable Resolution
• Gauges interest of the non-requesting party to move forward with Adaptable Resolution
• Sends Notice of Formal Complaint to parties
• Ensures compliance with Title IX, university policy, and other federal laws

Advisor

• Complainant and Respondent may have up to two advisors of their choosing
• Provides support and/or advice throughout a university resolution
• May attend all meetings at which the party is entitled to be present

Adaptable Resolution Facilitator

• Works with the parties when they want to attempt to reach a resolution without a Formal Grievance Process

Process

Roles and Responsibilities

Title IX and Gender Equity Unit (TIXGE)

• Provides process expertise and updates to Complainant and Respondent
• Facilitates supportive measures for both Complainant and Respondent
• Determines whether Process A or Process B would apply in a Formal Grievance Process
• Sends Notice of Formal Complaint to parties
• Conducts the investigation, which includes gathering information, assessing the relevance, and synthesizing the evidence into an investigation report
• Parties will have the opportunity to inspect and review all related evidence obtained from any party as a part of the investigation.
• Makes findings and a final determination in cases not requiring a hearing
• Ensures compliance with Title IX, university policy, and other federal laws

Advisor

• Complainant and Respondent may have up to two advisors of their choosing
• Provides support and/or advice throughout a university resolution process
• May attend all meetings at which the party is entitled to be present

Process

Roles and Responsibilities

Title IX and Gender Equity Unit (TIXGE)

• Provides process expertise and updates to Complainant and Respondent
• Facilitates supportive measures for both Complainant and Respondent
• Investigator presents a summary of the investigation report to the Adjudicator
• Investigator responds to questions about their report from Adjudicator and parties’ Hearing Advisors
• Issues Notice of Outcome to both Complainant and Respondent
• Ensures compliance with Title IX, university policy, and other federal laws

Hearing Advisor

• Will be provided by the university if a party does not have one
• Asks questions of parties and witnesses at the hearing

Hearing Adjudicator

• Facilitates hearing preparations and conducts the hearing
• Makes determinations on the relevancy of questions during the hearing
• Assesses credibility of the parties and witnesses
• Makes findings of fact and applies facts to the policy
• Makes final determination based on the preponderance of the evidence
• Recommends sanctions and remedies, if applicable

Sanctioning Administrator

• Receives Adjudicator’s decision, including final determination from TIXGE
• When final determination indicates a policy violation, makes a sanctioning decision and writes a letter for inclusion with Notice of Outcome

Process

Roles and Responsibilities

Title IX and Gender Equity Unit (TIXGE)

• Provides process expertise and updates to Complainant and Respondent
• Facilitates supportive measures for both Complainant and Respondent
• Investigator makes the findings and a final determination
• Issues Notice of Outcome to both Complainant and Respondent
• Ensures compliance with Title IX, university policy, and other federal laws

Advisor

• Complainant and Respondent may have up to two advisors of their choosing
• Provides support and/or advice throughout a university resolution process
• May attend all meetings at which the party is entitled to be present

Sanctioning Administrator

• Receives final determination from TIXGE
• When final determination indicates a policy violation, makes sanctioning decision and writes letter for inclusion with Notice of Outcome

Process

Roles and Responsibilities

Title IX and Gender Equity Unit (TIXGE)

• Provides process expertise and updates to Complainant and Respondent
• Facilitates supportive measures for both Complainant and Respondent
• Reviews Request for Appeal to confirm that it is timely and based on at least one of the grounds for appeal
• Sends Notice of Appeal and appeal responses to parties
• Sends Request for Appeal, any responses to appeal, and case file to the Appeal Officer
• Sends Notice of Appeal Outcome to the parties
• Ensures compliance with Title IX, university policy, and other federal laws

Advisor

• Complainant and Respondent may have up to two advisors of their choosing
• Provides support and/or advice throughout a university resolution process
• May attend all meetings at which the party is entitled to be present

Appeal Officer

• Reviews appeal documents, including the Request for Appeal, case file, and any responses submitted by the parties
• Renders a finding and rationale on each ground for appeal
• Sends appeal outcome to TIXGE for distribution to the parties
• See the Procedure for Alleged Violations of the Policy on Sexual Harassment and Sexual Misconduct, Section aj.(1) Appeal Officers for information about who reviews appeals

Any party may submit a written Request for Appeal within 5 days of issuance of the Notice of Outcome based on at least one of the following grounds:

1. The procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
3. The Title IX Coordinator, Investigator(s), or Adjudicator(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter; and/or
4. The decision, whether regarding responsibility and/or sanction, was not supported by substantial evidence when viewed as a whole.