Civil Rights Grievance Process
The Office of Rights, Compliance, and Accountability (ORCA) responds to reports of civil rights violations including:
- Discrimination based on a legally protected class (disparate treatment and/or hostile environment discrimination)
- Sexual harassment (as defined by Title IX regulations)
- Sexual assault
- Domestic violence (including dating violence)
- Stalking
Summary of procedures
Report and intake: Any students, faculty, staff, contractors, visitors, or members of the general community may report instances of discrimination or sexual misconduct to ORCA. Our staff will immediately inform complainants of their right to request supportive measures and ask if they wish to provide additional information. Supportive measures are available whether or not a complainant wishes to participate further.
Inquiry: If the complainant does not wish to participate further, the inquiry is typically closed for “nonparticipation.” (In certain rare circumstances, it may be necessary to proceed without the complainant’s participation. If this occurs, the complainant will be notified.) If the inquiry remains open, additional information will be sought from the complainant and witnesses. If the alleged behavior – taken as completely true – would be a violation of civil rights policy, an investigator will be assigned and the matter may proceed to investigation. Otherwise, the behavior will be referred to any other applicable review process (e.g., student conduct or human resources).
Formal complaint (Title IX only): Before an investigation may proceed under Title IX policy, the complainant (or the Title IX Coordinator on their behalf) will need to file a formal complaint requesting an investigation. (This is a specific requirement of federal regulations pertaining to Title IX.)
Investigation: When an investigation is opened, a written notice of investigation will be sent to the complainant(s) and respondent(s) (known collectively as the parties). The respondent(s) will be informed of their right to request supportive measures (the complainant(s) will be reminded of theirs) and asked if they wish to provide additional information. Additional information may be sought and the parties may be asked to participate in follow-up interviews. If the investigation is conducted under Title IX policy, the investigator will provide the parties electronic access to the evidence and a draft report with an opportunity to provide feedback.
Report production: The investigator will prepare a report summarizing the investigative findings. If the investigation is conducted under discrimination policy, the report will include a determination regarding whether or not the respondent(s) violated policy. If the investigation is conducted under Title IX policy, the report will not include a determination regarding whether or not the respondent(s) violated policy (that decision will be made later by a hearing officer).
Hearing (Title IX only): If the investigation is conducted under Title IX policy, a hearing will need to be scheduled. Hearings are conducted by an independent hearing officer. Hearings must be conducted live (either in person or via video conferencing). During the hearing, testimony will be taken from those willing to testify and evidence gathered will be presented by the investigator. Parties will be represented by an advisor (either someone of their choosing or someone appointed by the university). Parties will not be allowed to directly ask questions of one another – questions must be presented through the advisors. After the hearing is completed, the hearing officer will prepare a written outcome.
Appeal: The parties will be provided information on how to appeal the outcome. The process for appeals will vary depending on the process used, whether a policy violation was found, and the affiliation of the parties involved.
Sanctions: If there is a determination that the respondent(s) violated policy, sanctions may be imposed. If the investigation is conducted under Title IX policy, sanctions will be determined by the hearing officer and announced within the written outcome. If the investigation is conducted under discrimination policy, sanction decisions will be determined by Human Resources (for employee violations) or by ORCA (for student and visitor violations). Sanctions are generally considered confidential and will not be disclosed. However, if there has been a finding of sexual assault, domestic violence, dating violence or stalking, the complainant has the right to request the sanction results.
Rights of those involved
Privacy and confidentiality: Personally identifiable information, accommodations, and protective measures for you and others will be treated as private and only shared with persons who have a specific need-to-know, such as those who are investigating/adjudicating your report or those involved in providing support services you may require, including protective measures, counseling, or residence changes. Absolute confidentiality may not be maintained in all circumstances, especially if the university must take action to protect others. The university does not publish the names or other identifiable information of crime victims in the daily crime log or annual crime statistics that are disclosed in compliance with the Jeanne Clery Disclosure of ϳԹ Security Policy and ϳԹ Crime Statistics Act (referred to as “the Clery Act”). To keep the campus safe and prevent crimes of a similar nature from occurring, at times the university will issue an emergency alert known as a “timely warning.” That alert will be sent to the university community and include what is happening/has happened, tips for prevention, and how to keep yourself safe. Your information will not be shared in those warnings.
Amnesty for student conduct: The university provides amnesty for conduct that would otherwise warrant minor sanctions under the Student Code of Conduct (e.g., underage drinking or prohibited drug use) as long as the conduct is related to a report of sexual misconduct. Although not sanctioned, students granted amnesty may be required to complete related educational programs, and a pattern of amnesty requests can result in a decision by the student conduct administrator not to repeatedly extend amnesty to the same person.
Retaliation prohibited: No one may take disciplinary or other adverse action against a person for reporting what they believe to be discriminatory behavior (e.g., a good faith report), even if the university is unable to find that a violation occurred.
Supportive measures: We can help develop supportive measures for all members of the university community effected by (or facing allegations of) discrimination, sexual assault, dating violence, domestic violence or stalking. It doesn’t matter where, when, or who - you can ask for support anytime. Participation in reporting or grievance proceedings is not required to receive support. Support is individualized to the needs of each person with the goal of maintaining their access to the university environment. The following are some of the examples of supportive measures that might be available:
- Directory holds (prevents personal contact information from appearing in university directories)
- Removal of name from university publications
- Rescheduling of exams, assignments or deadlines
- Changes to class schedule or withdrawal from classes
- Changes to work/research/internship schedules or assignments
- Changes in campus housing
- Transportation and/or safety escort
- University no-contact orders (UNCO)
- Shared space access agreements
- Access restrictions (non-punitive)
- Financial assistance
- Travel assistance
- Independent communication devices (for extremely remote settings)
- Assistance in arranging medical services
- Assistance in arranging counseling
Due process: The burden of gathering evidence rests on the university and not on the parties, however, the parties may present relevant witnesses and evidence. Every respondent is presumed not responsible for alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. Resolution is expected within 180 business days, however time frames may be extended for good cause with written notice to the parties. University officials engaged in adjudicating allegations of sexual assault, domestic violence, dating violence, or stalking will receive annual training in these issues and on how to conduct fair investigations and hearings that protect safety, promote accountability, and provide due process. The complainant and respondent will each receive timely notice for meetings at which the complainant or respondent, or both, may be present. The complainant, the respondent, and appropriate officials will have timely and equal access to any information that will be used during formal and informal disciplinary meetings and hearings. The institutional disciplinary procedures will not be conducted by officials who have a conflict of interest or bias for or against the complainant or the respondent. The complainant and the respondent will be notified simultaneously, in writing, of any initial, interim, and final decision of any administrative proceeding. Where an appeal is permitted, the complainant and respondent will each be notified of their rights within the appeal process.
Advisors and advocates: Each party has the right to use an advisor of their choice, and may bring the advisor with them to any meetings related to the grievance process, including interviews, hearings, and appellate proceedings. (Bargaining unit employees also have the right to bring a union representative to any meetings related to the grievance process.) A party’s advisor may be anyone, including a friend, relative, student, faculty or staff member, advocacy organization staff member or volunteer, union representative, or attorney; but any cost associated with an advisor of choice is the party’s responsibility. A witness in the grievance process may also be an advisor, and any perceived “conflict of interest” will be taken into account by the decision-maker.