The decision to initiate a formal complaint process generally rests with the complainant. If the university determines there is an elevated risk to individual or campus safety, the Title IX Coordinator may elect to override the preference of a complainant and move forward with initiating a formal complaint for investigation. The Title IX Coordinator will not serve as the complainant in such cases. The complainant(s), if known, will be informed of the decision and provided the opportunity to participate in the process.

Upon receipt of a formal complaint, the Title IX Office will:

• Contact the complainant to confirm receipt and verify that the complainant signed and submitted the formal complaint for themself; confirm the complainant's choice of procedures (either an investigation and adjudication process or, if available, an alternative resolution process); and provide the opportunity to review the formal complaint process and discuss reasonably available supportive measures and resources.
• Conduct an initial review of the allegations to determine applicability of Title IX Office policies and contact the complainant for any additional information that may be necessary to make the determination.

If any allegations in a formal complaint do not fall under Policy 1340 or Policy 1346, those allegations will be dismissed. If a formal complaint, or a portion thereof, is dismissed, the Title IX Coordinator or designee will promptly send written notice of the dismissal, including the reason for the dismissal, to the complainant(s) and any parties notified of the formal complaint. If the dismissed allegations may constitute a violation of another university policy, the Title IX Office may refer the allegations to the appropriate university authority, and the parties and/or the appropriate university authority may proceed under the applicable policy and procedures.

If conduct alleged in a formal complaint or any allegations therein, even if true, would not constitute sexual misconduct or Title IX sexual harassment as defined in policy, the complaint will be dismissed. See Policy 1346 and Policy 1340 for additional information regarding applicability.

The university may additionally dismiss a formal complaint or any allegations therein if at any time after the formal complaint has been filed:

• A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
• The respondent is no longer enrolled or employed by the university; or
• Specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

If a formal complaint, or a portion thereof, is dismissed, the Title IX Coordinator or designee will promptly send written notice of the dismissal, including the reason for the dismissal, to the complainant(s) and any other parties notified of the formal complaint.

In cases where formal complaint allegations are dismissed, the complainant(s) and any other party notified of the formal complaint will be notified of their right to appeal the dismissal on the following bases:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding dismissal was made, that could affect the outcome of the matter; and
• The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent that affected the outcome of the matter.

A party may appeal a dismissal in writing to the Title IX Coordinator within five business days of receipt of notice of dismissal. Upon receipt of an appeal, the Title IX Coordinator will notify all parties to the complaint, as applicable, that an appeal has been filed and provide the parties with the opportunity to submit a written statement in support of, or challenging, the appeal. The Title IX Office will transfer all relevant materials to the appeal decision-maker, who will be the associate vice president who oversees the Title IX Office, or their designee, and who will be trained in the procedures under the applicable policy.

Within five business days of receiving the appeal materials, the associate vice president or designee will issue a written decision describing the result of the appeal and the rationale for the result to the Title IX Coordinator and the parties to the complaint simultaneously. The appeal decision is final. If a dismissal is overturned, the Title IX Coordinator will issue written notice to the parties, as applicable, regarding the resumption of the formal complaint process.

The complainant(s) may request to withdraw a formal complaint at any time prior to an outcome during the investigation and adjudication or alternative resolution process by notifying the Title IX Coordinator in writing. Such notification may result in the dismissal of the formal complaint.

Investigation Process

If a complainant elects to initiate the investigation and adjudication process for resolving a formal complaint, the formal complaint investigation procedures will be used.

Alternative or Adaptable Resolution Process

If a complainant elects to initiate the alternative resolution process, all parties must provide voluntary, written consent, and any party may withdraw their consent to participate at any time prior to the signing of a written agreement. Once a written agreement is signed by all parties to the formal complaint, the alternative resolution process is final, and the formal complaint process is complete. Alternative resolution is prohibited for formal complaints involving students and employees. Adaptable Resolution is the name of the alternative resolution program available for student complainants and respondents and is facilitated by the Office of Student Accountability and Restorative Practices. Academic Affairs or Human Resources, as applicable, is responsible for facilitating the alternative resolution program for employees.

The respondent(s) named in a formal complaint will generally not be notified of the formal complaint and allegations therein until all initial actions described above have been completed. Official notice initiating the applicable formal complaint procedure will be issued to the complainant(s) and respondent(s) simultaneously.

The Title IX Office will notify the university authority responsible for administering adjudication of the formal complaint, and where applicable, the Title IX Officer assigned to the respondent’s department or unit.

For formal complaints with an employee respondent, the Title IX Office will notify the respondent’s supervisor and vice president. The Title IX Office will provide the respondent’s supervisor with information regarding the allegations and parties to the complaint, as necessary, to determine whether administrative leave or other interim measures are appropriate. For formal complaints with an affiliate respondent, the Title IX Office will notify the head of the university department sponsoring the affiliate and the director of the affiliate’s organization or designee. In cases where the complainant is the respondent’s supervisor or another administrator in the respondent’s reporting line, notifications will instead be made up the reporting line as appropriate.