Sexual Harassment and Other Sexual Misconduct Grievance Process

For the purposes of this process, the following definitions apply:

• Advisor
  • A person chosen by a party (the complainant or respondent) to accompany the party to meetings related to the grievance process, to advise the party on that process, and to question the other party and witnesses at the hearing, if any. A party may have one advisor with them at meetings, interviews, and the hearing, if any, although the advisor does not have to be the same person at each. 
  • The advisor may assist the party by helping prepare materials, drafting questions, and conferring with the party during meetings and hearings, provided that doing so does not unreasonably disrupt or delay the process. The advisor also represents the party by asking questions of the other party and witnesses at the hearing; however, the advisor may not make statements on behalf of the party. The advisor may be anyone of the party’s choosing, including an attorney. If a party does not have an advisor to question the other party and witnesses at the hearing, the university will appoint one to do so. See Appendix B for additional information regarding advisors.
• Appeal Officer
  • Those who have decision-making authority when dismissals under Title IX or findings resulting from a hearing within the grievance process are appealed by one or more of the parties. 
• Business Day
  • Weekdays (Monday-Friday) when Ohio University offices are open for normal operations.
• Complainant
  • An individual who is alleged to have been subjected to conduct that could constitute sexual harassment, other sexual misconduct, or retaliation under University Policy 03.004. There may be more than one complainant for an incident. 
• Education Program or Activity
  • Locations, events, or circumstances, including employment, where the University exercises substantial control over both the respondent and the context in which the sexual harassment occurs. This includes any building owned or controlled by a student organization that is officially recognized by the University. 
• Employee
  • A person who performs work for the University and is paid for that work. For purposes of University Policy 03.004, employees include paid faculty, administrators, staff, and graduate research and teaching assistants, as well as all student employees when acting within the scope of their employment.
• Final Determination
  • The final outcome of the Sexual Harassment and Other Sexual Misconduct Grievance Process.
• Finding
  • A conclusion by the standard of proof that the alleged conduct did or did not occur, and if so, that it did or did not violate policy.
• Formal Complaint
  • A document submitted by a complainant or signed by the Title IX Coordinator alleging behavior prohibited by University Policy 03.004 against a respondent and requesting that the University investigate the allegation. 
• Grievance Process
  • The method of resolution utilized to address allegations of sexual harassment, other sexual misconduct, and retaliation as defined by University Policy 03.004: Sexual Harassment and Other Sexual Misconduct. 
• Grievance Process Pool
  • Investigators, hearing panelists, appeal officers, and university-appointed advisors in the grievance process. The same individuals may perform any or all of these roles, though not at the same time or with respect to the same case. 
• Hearing Panelist
  • Those with decision-making and sanctioning authority when allegations proceed to a hearing within the grievance process. Three hearing panelists will be chosen from the grievance process pool to serve on the panel for each hearing.
• Investigator
  • The person or persons charged with gathering information about an alleged violation of University Policy 03.004 and compiling it into an investigative report and file of evidence. Two investigators will be assigned to each case and conduct a prompt, thorough, and impartial investigation.
• Notice
  • When an employee, student, or third-party informs the Title IX Coordinator or any other official with authority of an alleged incident of sexual harassment, other sexual misconduct, or retaliation. 
• Parties
  •  The complainant(s) and respondent(s) in a matter, collectively.
• Preponderance of the Evidence
  • Standard of proof used by the hearing panel. Preponderance of the evidence means that the statements and information presented in the matter indicate to a reasonable person that it is more likely than not that the respondent committed a violation. 
• Related Evidence
  • Evidence directly connected to a formal complaint, but that is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and will not be relied upon in the investigative report. 
• Relevant
  • Tending to prove or disprove an element of an alleged offense or an issue material to resolving a complaint. Questions and evidence are relevant when they may aid the decision-makers in determining whether it is more likely than not that the alleged violation occurred and, if so, the appropriate response to the violation. 
• Remedies
  • Post-finding actions directed to the complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the University’s education program or activities, including employment.
• Report
  • Information provided to the Title IX Coordinator indicating that sexual harassment, other sexual misconduct, or retaliation may have occurred.  
• Respondent
  • An individual who has been reported to have engaged in conduct that could constitute sexual harassment, other sexual misconduct, or retaliation under University Policy 03.004. Student organizations or groups may also be respondents in this process and will be represented by the president, director, or other organizational or group leader. There may be more than one respondent for an incident. It is presumed that a respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. 
• Sanction
  • A consequence imposed by the University on a respondent who is found to have violated University Policy 03.004: Sexual Harassment and Other Sexual Misconduct.
• Student
  • Any person from the time they are admitted to Ohio University up through the date of degree conferral. This includes, but is not limited to, new students at orientation, persons not currently enrolled but who are still seeking a degree from Ohio University, persons currently under suspension, and any other person enrolled in a credit earning course offered by Ohio University, including students enrolled in the College Credit Plus program. 
• Support Person
  • A person chosen by a party (the complainant or respondent) to support them at meetings and interviews with investigators and other CRC staff. The parties may bring up to two support people at a time with them to meetings and interviews, in addition to the party’s advisor. Support people do not have to be the same people every time. Support people do not actively participate in the process but can be present at meetings and interviews to provide support to the party. Support people do not attend the hearing, if any, but the party must be accompanied at the hearing by an advisor. A support person cannot be a witness in the matter in question.
• Supportive Measures
  • Non-disciplinary, non-punitive services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before, during, or after the grievance process, regardless of whether a formal complaint is filed. 
  • Supportive measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party. They may include measures designed to protect the safety of all parties or the University’s educational environment; deter sexual harassment, other sexual misconduct, and retaliation; and/or provide support to the parties during the grievance process. 
• Title IX Coordinator
  • The official designated by Ohio University to ensure compliance with Title IX and to oversee implementation of University Policy 03.004. References to the Title IX Coordinator throughout this process may also encompass a designee of the Title IX Coordinator for specific tasks.
• Witness
  • Person who is requested to participate in the grievance process because they may have relevant information about the alleged violation. The investigators may identify potential witnesses, or their names may be supplied by the complainant, respondent, or others with knowledge of the matter. All witnesses are considered to be witnesses called by the University.

Reports of sexual harassment, other sexual misconduct, or retaliation may be submitted by the complainant, or a third party may file a report on behalf of a person whom they believe has been adversely affected by conduct prohibited by University Policy 03.004. Any employee with a duty to report must immediately report violations of this policy to the Title IX Coordinator if they receive a complaint of a violation or observe or learn of conduct that is reasonably believed to be in violation of University Policy 03.004. 

Reports may be submitted online using the Report to Civil Rights Compliance form by clicking on Submit a Report at https://www.ohio.edu/civil-rights. Reports submitted through this online form are routed immediately to the Title IX Coordinator. 

Reports may also be filed with the Title IX Coordinator by mail, phone, or email. A report may be submitted at any time (including during non-business hours) using the contact information below. Reports may also be made in person at the CRC office on business days when a staff member is available. 

Kerri Griffin

Director of Civil Rights Compliance and Title IX Coordinator

006 Lindley Hall

Ohio University

Athens, OH 45701

740-593-9140 (phone)

civilrights@ohio.edu or titleIX@ohio.edu 

Anonymous reports may be submitted, and if a report contains information about conduct that could constitute a violation of University Policy 03.004, CRC staff will attempt to address the reported concerns; however, their ability to investigate or resolve anonymous complaints will likely be limited. Further, CRC tries to provide supportive measures to all complainants, which is impossible if the complainant is not identified.

If a complainant is identified in a report, CRC will attempt to contact the complainant to offer supportive measures and to ensure the complainant knows the options available to them, including making a police report and submitting a formal complaint, if applicable and desired. 

Reporting carries no obligation for complainants to file a formal complaint, and in most situations, Ohio University is able to respect a complainant’s request not to initiate an investigation. However, under certain circumstances, the Title IX Coordinator may decide to sign a formal complaint and initiate an investigation. Additional information about formal complaints may be found in Sections 9-11. 

Under Ohio law, CRC is required to notify the appropriate law enforcement agency if a report indicates that a felony may have been committed; however, complainants are not required to speak with law enforcement officers. CRC also works with the Ohio University Police Department to assess if a timely warning needs to be issued to the campus community in relation to a report. 

Complainants are encouraged to make a report to law enforcement authorities, even if they decide not to make a report to the Title IX Coordinator. Staff members in CRC are available to assist complainants in contacting the appropriate law enforcement agency. 

Additionally, if any party involved in alleged sexual misconduct is a minor, University personnel will notify Job and Family Services or other appropriate agencies, as required by Ohio law. Further, CRC will collect and share de-identified statistical information as required by the Clery Act.

Certain campus and local resources may maintain confidentiality when acting under the scope of their licensure, professional ethics, and/or professional credentials, except in extreme cases of immediate threat or danger, in cases of abuse of certain populations (e.g., minors), or when required to disclose by law or court order. These resources may offer options and support without any obligation to inform a campus official or law enforcement authorities. 

• Ohio University confidential resources include:
  • Licensed professionals and staff at Counseling and Psychological Services,
  • Healthcare providers and staff at Campus Care,
  • Advocates at the Survivor Advocacy Program,
  • Licensed professional counselors available through the Employee Assistance Program, and
  • Licensed professionals and students registered for practice under a licensed psychologist at the Psychology and Social Work Clinic. 
• Off-campus confidential resources include:
  • Licensed professional counselors and other medical providers,
  • Rape crisis counselors,
  • Domestic violence resources,
  • Local or state assistance agencies,
  • Clergy/chaplains, and
  • Attorneys.

Information regarding support resources, many of which are confidential, may be found on the Civil Rights Compliance website. 

Any person with a disability who is involved in the Sexual Harassment and Other Sexual Misconduct Grievance Process has the right to request reasonable accommodation through the Office of Accessibility Services to ensure their full and equal participation in the process. Parties do not have to disclose information about the complaint or charge(s) to request reasonable accommodation, except to the extent that it may assist in the determination of specific accommodations.

Accommodations are determined on an individual basis by Accessibility Services and are implemented in consultation with the case investigators. Examples of reasonable accommodations include sign language interpretation, real-time communication access during hearings, large print documents, extended time to review documents, or assistance with transcribing questions during interviews or hearings.

Formal correspondence to parties, witnesses, and others engaged in this process will be sent via email to the person’s Ohio University email address or to the email address provided by a participant who is not a member of the Ohio University community. At the discretion of the Title IX Coordinator, an alternate means of delivering formal correspondence may be utilized if circumstances warrant. Once emailed, otherwise sent, or given in person, correspondence will be presumptively delivered. 

Upon receiving a report of alleged sexual harassment, other sexual misconduct, or retaliation, CRC staff will contact the complainant as soon as possible to schedule an initial meeting. The complainant may be accompanied at the initial meeting by an advisor of their choice and up to two support people, as defined in Section 1. 

The following information will be discussed with the complainant, if applicable based on the nature of the report and the complainant’s status:

• The complainant’s immediate safety and well-being;
• The name and contact information for the Title IX Coordinator;
• The rights of the complainant and respondent (see Appendix A), including the right to be accompanied at all meetings and, if applicable, at the hearing by an advisor or their choice (see Appendix B);
• Medical, mental health, law enforcement, and other resources available through the University and in the surrounding community;
• Possible supportive measures;
• The obligation of CRC to notify the appropriate law enforcement agency if the report indicates that sexual violence and/or another felony may have been committed. While CRC is obligated to contact law enforcement, complainants are not required to speak with the police;
• The process for filing a formal complaint, the possibility that a formal complaint could be signed by the Title IX Coordinator instead of the complainant, and the factors that would be considered before such an action was taken;
• The process for investigating and resolving allegations of sexual harassment, other sexual misconduct, and retaliation;
• The general timeline of the grievance process;
• The importance of preserving potential evidence;
• The standard of evidence applied to determine whether a violation occurred;
• The possible sanctions and remedies that may be applied if the respondent is found responsible for a violation;
• The Ohio University policy prohibiting retaliation against any person for participating in, or choosing not to participate in, the Sexual Harassment and Other Sexual Misconduct Grievance Process; and
• The amnesty available to students participating in the grievance process for alcohol- or drug-related violations of the Student Code of Conduct.

The CRC staff member may also verify the information received in the initial report with the complainant. If the complainant wishes to submit a formal complaint, the CRC staff member will provide assistance, if desired. 

If the complainant does not respond after two attempts to schedule the initial meeting, the CRC staff member will send the complainant written acknowledgment of their non-participation and notice of the next steps that will be taken. Should the complainant later choose to participate, they may re-engage at any point, keeping in mind that delays may limit access to evidence or create challenges related to the status and availability of the parties and/or witnesses. 

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before, during, or after the grievance process, regardless of whether a formal complaint is filed.

Supportive measures are designed to restore or preserve equal access to the university’s education program or activity without unreasonably burdening the other party. They may include measures designed to protect the safety of all parties or the university’s educational environment; deter sexual harassment, other sexual misconduct, and retaliation; and/or provide support to the parties during the grievance process. 

Upon receipt of a report alleging a violation of University Policy 03.004, information regarding the availability of supportive measures will be sent to the complainant, along with a request for the complainant to attend an initial meeting with a CRC staff member. At the initial meeting, the CRC staff member will discuss the availability of supportive measures and consider the complainant’s wishes regarding what supportive measures may be implemented. The CRC staff member will also explain the process for filing a formal complaint, including that supportive measures are available with or without the filing of a formal complaint. 

Ohio University will act to minimize the academic and/or occupational impact on the parties as much as possible and maintain the privacy of supportive measures to the extent that it does not impair their provision. 

Supportive measures may include, but are not limited to:

• Referral to campus and community counseling, medical, and/or healthcare services, including the employee assistance program, as appropriate;
• Implementing mutual no-contact orders between the parties*;
• Altering campus housing assignments;
• Altering work arrangements for employees, including student employees;
• Academic support, extensions of deadlines, or other course/program-related adjustments;
• Class schedule modifications, withdrawals, or leaves of absence;
• Safety planning;
• Providing campus safety escorts and/or transportation assistance;
• Visa and immigration assistance;
• Student financial aid counseling;
• Increased security and monitoring of certain areas of campus; and
• Any other actions deemed appropriate by the Title IX Coordinator.

If a party procures a restraining order or similar court order, the party is encouraged to notify the Ohio University Police Department so that OUPD can enforce the order, as needed.

*Violations of mutual no-contact orders will be referred to the appropriate student or employee conduct process for enforcement.

Under specific circumstances, Ohio University may remove a student respondent from the University’s education program or activity, in part or entirely, on an emergency basis. Before an emergency removal is enacted, the Title IX Coordinator conducts an individualized safety and risk analysis. The Title IX Coordinator must determine that the removal is justified by an immediate threat to the physical health and safety of any student or other individual arising from the allegations of sexual harassment or other sexual misconduct. If so, the respondent is provided with notice of the emergency removal and an opportunity to immediately challenge the decision. See Appendix C for a full description of the process for emergency removal of a student. 

If deemed appropriate, Ohio University may place an employee respondent on administrative leave during the pendency of the grievance process. 

A formal complaint is a document submitted by a complainant, or signed by the Title IX Coordinator, alleging behavior prohibited by University Policy 03.004 against a respondent and requesting the University investigate the allegation. When the Title IX Coordinator signs a formal complaint, they are not a complainant or other party in any resulting investigation. 

A formal complaint may be filed with the Title IX Coordinator in person, by mail, by email, or using the online Formal Complaint form. It must contain the complainant’s physical or digital signature or otherwise indicate that the complainant is the person filing the complaint and requesting that the allegations be investigated through the Sexual Harassment and Other Sexual Misconduct Grievance Process. 

When a formal complaint is submitted, the respondent is notified of the allegations in the complaint, including the identity of the complainant. Along with other information outlined in Section 21, the notice to the respondent will include a summary of the conduct allegedly constituting a violation of University Policy 03.004; the date, time, and location of the alleged violation; and the specific policies implicated by the allegations. The investigators may interview the complainant prior to the respondent being notified of the allegations. 

While a formal complaint may be submitted at any time and without prior contact with CRC, complainants may want to submit a report and meet with a CRC staff member to learn about available supportive measures and discuss options for proceeding before deciding whether to submit a formal complaint.

Reporting carries no obligation for complainants to file a formal complaint, and in most situations, Ohio University is able to respect a complainant’s decision not to request an investigation. However, there may be circumstances under which the Title IX Coordinator may decide to sign a formal complaint and initiate an investigation. Such circumstances may include, but are not limited to, patterns of behavior, violence, the use of weapons, the involvement of minors, other compelling threats to health or safety or the involvement of a respondent who, by the nature of their employment or other relevant status with the University, holds a position of authority or influence within the University community. 

The Title IX Coordinator must also consider the effect that the complainant’s non-participation may have on the availability of evidence and Ohio University’s ability to pursue the Sexual Harassment and Other Sexual Misconduct Grievance Process fairly and effectively. The Title IX Coordinator has ultimate discretion regarding whether an investigation will proceed when the complainant does not wish to file a formal complaint, and the Title IX Coordinator may sign a formal complaint to initiate the grievance process after completing an appropriate assessment.

If the Title IX Coordinator signs a formal complaint, they do not become the complainant. The complainant is the individual who is alleged to have been subjected to conduct that could constitute a violation of University Policy 03.004. Under these circumstances, the complainant would receive notice that the grievance process was being initiated and would retain all their rights under the grievance process, regardless of their level of participation. 

If a formal complaint is not submitted by the complainant or signed by the Title IX Coordinator, the Title IX Coordinator will offer supportive measures to the complainant but will not otherwise pursue formal action. Complainants choosing not to file a formal complaint should be aware that Ohio University’s ability to respond and provide some supportive measures may be limited if the complainant does not want to be identified and/or does not want the University to proceed with the grievance process. 

Even if a complainant decides not to file a formal complaint, they retain the ability to request an investigation at a later date by submitting a formal complaint then, keeping in mind that delays may limit access to evidence or present issues with respect to the status and availability of the parties and/or witnesses. 

If another report of sexual harassment or other sexual misconduct is received regarding the same respondent, the Title IX Coordinator will reassess the situation and may choose to sign a formal complaint in the original case in the interest of the safety of the campus community. In this instance, the Title IX Coordinator will attempt to contact the original complainant to discuss the need to move forward with the grievance process. If the complainant is unable to be reached or does not respond after two attempts, the Title IX Coordinator will notify the complainant in writing regarding the change of circumstances before proceeding to use the complainant’s name in a formal complaint signed by the Title IX Coordinator.

If a formal complaint is filed by the complainant or signed by the Title IX Coordinator, the Title IX Coordinator undertakes the following assessment to determine if the alleged violation falls within the scope of Title IX. 

As mandated by the 2020 Title IX Regulations, 34 CFR§106.45, a formal complaint, or any allegations therein, must be dismissed under Title IX if, at any time during the investigation or hearing, it is determined that:

1. The conduct alleged in the formal complaint would not constitute sexual harassment as defined by Title IX regulations (Offenses 1-9 in University Policy 03.004), even if proven; and/or
2. The conduct did not occur in an education program or activity over which Ohio University exercised substantial control at the time of the alleged incident (including buildings or property owned or controlled by recognized student organizations); and/or
3. Ohio University did not exercise substantial control over the respondent at the time of the alleged incident; and/or
4. The conduct did not occur against a person in the United States; and/or
5. At the time of the filing of a formal complaint, the complainant was not participating in or attempting to participate in the education program or activity of Ohio University. 

A formal complaint, or any allegations therein, may be dismissed under Title IX if, at any time during the investigation or hearing:

1. The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein (the complainant may later request to reinstate or refile it); or
2. The respondent is no longer enrolled in or employed by Ohio University; or
3. Specific circumstances prevent Ohio University from gathering evidence sufficient to reach a determination regarding the formal complaint or allegations therein.

Upon dismissal, the Title IX Coordinator will promptly and simultaneously send the parties written notice of dismissal under Title IX and the rationale for doing so.

A decision to dismiss is appealable by either party on the following grounds:

• A procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding the dismissal was made and that could affect the outcome of the matter; and 
• The Title IX Coordinator had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent, that affected the decision to dismiss. 

Either party may appeal the decision to dismiss by submitting a written request for review of the decision. This request must be submitted to the Title IX Coordinator within three business days of the notice of the dismissal decision being sent to the parties. If the grounds for appeal include a conflict of interest or demonstrated bias on the part of the Title IX Coordinator, appeals may be submitted to the Deputy Title IX Coordinator, who will administer the remainder of the dismissal appeal process. 

If either party submits an appeal, the appeal will be shared with the other party, who will then have three business days to submit a rebuttal to the Title IX Coordinator. At their discretion and for cause, the Title IX Coordinator may elect to extend the deadline for appeals and/or rebuttals. Should this occur, both parties will be notified of the new deadline.

If the grounds for appeal include a claim of procedural irregularity or conflict of interest or bias, the Title IX Coordinator will be provided access to the appeal and be given three business days to submit a response to the portion of the appeal that involves them. 

The appeal, rebuttal, and response, if any, and any other relevant information will be reviewed by an appeal officer who is not otherwise involved in the case. The appeal officer will decide if the dismissal under Title IX was appropriate or if the formal complaint or allegations therein will proceed under Title IX. Within three business days, the appeal officer will send written notice of their decision and rationale to the Title IX Coordinator. Within two business days of receiving the appeal officer’s decision, the Title IX Coordinator will provide written notice of the decision to the parties simultaneously. If necessary, the appeal officer may take additional time to fully consider the appeal(s) and rebuttal(s). Should this occur, both parties will be notified. 

Dismissing a formal complaint, or any allegations therein, under Title IX is a procedural requirement and does not limit Ohio University’s authority to address the allegations under University policy and proceed with the grievance process. 

If the formal complaint, or any allegations therein, are dismissed under Title IX, the Title IX Coordinator will assess which University policies may apply to the alleged behavior and move the matter forward in the grievance process, if applicable; forward the matter to be assessed under another University policy or process; or close the case, as appropriate.

If a student respondent withdraws, graduates, or otherwise ceases to meet the definition of a student, the formal complaint will typically be dismissed and the case closed. However, at the discretion of the Title IX Coordinator, the grievance process may continue if the student respondent has indicated their intent to re-enroll at Ohio University after a designated period or to pursue an additional degree. The grievance process may also continue, at the discretion of the Title IX Coordinator, in order to address safety concerns and/or remedy any ongoing effects of the alleged sexual harassment or other sexual misconduct.

If a student respondent seeks to re-enroll after a formal complaint is dismissed and the case closed because the student respondent withdrew, graduated, or otherwise ceased to meet the definition of a student, the formal complaint may be reinstated and the grievance process completed at the discretion of the Title IX Coordinator. 

If, for any reason, an employee respondent is no longer employed by Ohio University prior to the conclusion of the grievance process, the formal complaint will be dismissed and the case closed, as the university no longer has disciplinary jurisdiction over the former employee. 

An employee respondent who is no longer employed by Ohio University, for any reason, prior to the conclusion of the grievance process is not eligible for rehire at any Ohio University campus. Records maintained by the Title IX Coordinator and Human Resources will reflect this status. In response to future employment reference inquiries regarding the former employee, Ohio University will disclose that the individual’s employment ended during a pending disciplinary matter.

When a case is closed because the respondent is no longer enrolled and/or employed at Ohio University, the Title IX Coordinator will continue to provide supportive measures designed to restore or preserve the complainant’s equal access to the University’s education program or activity, protect the safety of all parties or the University’s educational environment, and/or deter sexual harassment, other sexual misconduct, and retaliation.

Counterclaims may be resolved through the same investigation and hearing as the underlying allegations, or the investigation of such claims may take place after resolution of the underlying allegations, at the discretion of the Title IX Coordinator.

In order to encourage the reporting of alleged violations of University Policy 03.004 and to support candid communication of information, students participating in the grievance process, including complainants, respondents, and witnesses, will not be charged with alcohol- or drug-related violations of the Student Code of Conduct if they engaged in unlawful or prohibited personal use of alcohol or drugs during the incident in which the alleged violation occurred. Amnesty only applies to the personal use of alcohol or drugs during the incident in question and does not extend to other potential violations of the Student Code of Conduct. Amnesty does not apply to the respondent if alcohol or drugs were allegedly used to facilitate a violation of University Policy 03.004.

A violation of University Policy 03.004: Sexual Harassment and Other Sexual Misconduct by a student, student organization, or student group would also be a violation of the Ohio University Student Code of Conduct. The Code of Conduct applies to all students, student organizations, and student groups whether the prohibited behavior occurred on or off campus; therefore, University Policy 03.004 applies to prohibited behavior by students, student organizations, and student groups whether it occurs on campus or off campus. Further, allegations of other conduct prohibited by the Student Code of Conduct may be investigated and adjudicated through the Sexual Harassment and Other Sexual Misconduct Grievance Process in conjunction with violations of University Policy 03.004.

The Sexual Harassment and Other Sexual Misconduct Grievance Process may be initiated when a respondent is charged with behavior that potentially violates both civil/criminal law and University policy, without regard to pending litigation in court or criminal arrest and prosecution. The grievance process may be carried out prior to, simultaneously with, or following criminal or civil proceedings. Determinations made and sanctions imposed pursuant to Ohio University Policy 03.004 through this process will not be subject to change because criminal charges arising out of the same facts were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

Grievance process proceedings are private. All persons present at any time during the grievance process are expected to maintain the privacy of the proceedings in accordance with Ohio University policy and federal and state laws and regulations. Although there is an expectation of privacy around information and evidence shared with the parties during the investigation and hearing, the parties have the discretion to share their own knowledge and evidence with others if they so choose. Parties are encouraged to discuss any sharing of information with their advisors before doing so. 

Every effort is made by Ohio University to preserve the privacy of reports and of the identities of those involved in the grievance process. This information will not be shared except as necessary to carry out the purposes of Title IX Regulations (34 CFR Part 106), as required by law, or as permitted by the Family Educational Rights and Privacy Act (FERPA). 

Information related to reports will be shared with a limited number of Ohio University employees who “need to know” to respond to the report and/or assist in its assessment, investigation, and resolution. Ohio University reserves the right to determine which officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to FERPA.

When a formal complaint is submitted by the complainant or signed by the Title IX Coordinator, the complainant’s identity and the allegations made in the report must be disclosed to the respondent. Further, the parties and their advisors will have the opportunity to review all directly related evidence gathered during the grievance process. 

Records regarding students generated as a result of this process are considered education records and governed by FERPA and are, therefore, subject to release under the order of a lawful subpoena. Further, records regarding employees generated as a result of this process are considered to be employment records and are subject to release under the order of a lawful subpoena and pursuant to Ohio’s public records act. 

If a report contains sufficiently detailed information about conduct that may constitute a felony, the matter will be reported to law enforcement. When required by the Clery Act, the Ohio University Police Department will be provided with information regarding reports so they can maintain the campus crime log and assess if a timely warning should be issued to the campus. Additionally, if any party involved in alleged sexual misconduct is a minor, Ohio University personnel will notify Job and Family Services or other appropriate agencies, as required by Ohio law.

Members of the grievance process pool include investigators, hearing panelists, appeal officers, and university-appointed advisors who may perform any or all of these roles, though not at the same time or with respect to the same case.

Grievance process pool members receive annual training based on their assigned roles. This training includes topics appropriate for the roles filled by each member of the pool, which may include, but are not limited to, the following:

• The content of Ohio University Policy 03.004: Sexual Harassment and Other Sexual Misconduct, including the scope of the University’s education program or activity;
• The definition of all offenses;
• Conducting investigations and hearings in a manner that protects the safety of complainants and respondents and promotes accountability;
• Serving impartially and objectively by avoiding prejudgment of the facts at issue, conflicts of interest, and bias;
• Upholding fairness and due process;
• Reporting, confidentiality, and privacy requirements;
• Applicable laws, regulations, and federal regulatory guidance;
• Conducting the grievance process, including the investigation, hearing, and appeals, in a thorough, reliable, and impartial manner;
• Conducting questioning;
• Issues of relevance of questions and evidence in the creation of an investigative report and/or in a hearing;
• Assessing credibility;
• Weighing evidence;
• Applying the definition of consent used by Ohio University consistently, impartially, and in accordance with policy;
• Rendering findings and generating clear, concise, evidence-based rationales;
• Determining appropriate sanctions and conditions of sanction for all charges;
• Implementing appropriate and situation-specific remedies;
• Any technology to be used at a live hearing; and
• Recordkeeping.

Members of the grievance process pool who serve as university-appointed advisors receive specific training to prepare them for this role. The materials used to train members of the grievance process pool are publicly posted.

Any individual materially involved in the administration of the grievance process, including the Title IX Coordinator, investigators, hearing panelists, and appeal officers, may neither have nor demonstrate a conflict of interest or bias for complainants or respondents generally, or for a specific complainant or respondent. 

The Title IX Coordinator will vet the assigned grievance process pool members to ensure there are no actual or apparent conflicts of interest or disqualifying biases. At any time during the grievance process, the parties may raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another pool member will be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the Office of the Executive Vice President and Provost. 

The grievance process involves an objective evaluation of all relevant evidence obtained, including evidence that supports that the respondent engaged in a policy violation and evidence that supports that the respondent did not engage in a policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a complainant, respondent, or witness. 

Ohio University presumes that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

When a formal complaint is submitted, the Title IX Coordinator assigns two members of the grievance process pool to conduct the investigation.

The respondent will be provided a written notice of investigation and allegations (the “NOIA”) with sufficient time to prepare before they are interviewed about the matter. The complainant will also be provided with a copy of the written NOIA. The delivery of the NOIA commences the Sexual Harassment and Other Sexual Misconduct Grievance Process.

The NOIA will include:

• A summary of the conduct allegedly constituting a violation of University Policy 03.004: Sexual Harassment and Other Sexual Misconduct and any related allegations of violations of the Student Code of Conduct to be addressed through the grievance process, if applicable;
• The identities of the involved parties (if known);
• The date, time, and location of the alleged incidents (if known);
• The specific policies implicated;
• A description of the applicable procedures, including the rights of the complainant and respondent and the standard of evidence applied to determine a violation;
• A statement of the potential sanctions that could result from the grievance process;
• A statement that Ohio University presumes the respondent is not responsible for the reported misconduct unless and until the preponderance of the evidence supports a different determination;
• A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity to inspect and review all directly related and/or relevant evidence during the review and comment period;
• A statement about Ohio University’s policy on retaliation;
• Information about the privacy of the process;
• Information on the need for each party to have an advisor of their choosing, who may be, but is not required to be, an attorney;
• A statement informing the parties that Ohio University policy prohibits knowingly making false statements, including knowingly submitting false information during the grievance process;
• Details on how the parties may request disability accommodations, language assistance, and/or interpretation services during the investigation and hearing process;
• An instruction to preserve any evidence that is directly related to the allegations; and
• The names of the investigators, along with a process to identify to the Title IX Coordinator any conflict of interest that the party believes the investigator(s) may have.
• Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available, including the addition or dismissal of allegations or changes. Should this occur, the parties will be sent a new NOIA.
• Notice will be made in writing and will be emailed to the parties’ Ohio University email accounts. At the discretion of the Title IX Coordinator, an alternate means of delivering the NOIA may be utilized if circumstances warrant. Once emailed or otherwise sent or given in person, notice will be presumptively delivered.

The Sexual Harassment and Other Sexual Misconduct Grievance Process commences with the delivery of the Notice of Investigation and Allegations. Ohio University will make a good faith effort to complete the grievance process within ninety business days, not including appeal, which can be extended as necessary for appropriate cause by the Title IX Coordinator. Notice and rationale for any extensions or delays will be provided to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.

After the NOIA has been sent, a CRC staff member will schedule an initial meeting with the respondent. The respondent may be accompanied at the initial meeting by an advisor of their choice and up to two support people as defined in Section 1. The purpose of this meeting is to review the information sent to the respondent in the NOIA, to provide information about the grievance process and available supportive measures, and to answer any questions the respondent or their advisor may have. The respondent will not be asked any questions about the allegations at the initial meeting.

The information that will be discussed with the respondent, if applicable based on the nature of the report and the status of the respondent, includes but is not limited to:

• A review of the information included in the NOIA;
• The name and contact information of the Title IX Coordinator;
• The rights of the complainant and respondent (See Appendix A), including the right to be accompanied at all meetings and the hearing, if applicable, by an advisor of their choice (see Appendix B);
• Possible supportive measures, including the availability of mental health and other resources both on campus and in the surrounding community;
• The process for investigating and resolving alleged violations of sexual harassment, other sexual misconduct, and retaliation; 
• The general timeline of the grievance process;
• The importance of preserving potential evidence; and
• Amnesty available to students participating in the grievance process for alcohol- or drug-related violations of the Student Code of Conduct. 
• If the respondent does not respond after two attempts have been made to schedule the initial meeting, the CRC staff member will send the respondent written acknowledgment of their non-participation and notice of the next steps in the grievance process. The respondent will continue to be notified throughout the investigation and may participate at any point in the process prior to its conclusion.

The investigation portion of the grievance process will be completed as quickly as possible, normally within forty business days, although some investigations may take longer, depending on the nature, extent, and complexity of the allegations, number and availability of witnesses, police involvement, etc.

Ohio University will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

At the discretion of the Title IX Coordinator, the investigation may be paused for a short period, typically several days to a few weeks, if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the unavailability of parties and/or witnesses, and accommodations for disabilities or health conditions. 

The investigators will communicate the reason for the delay and its anticipated duration to the parties in writing and, if necessary, provide them with status updates. The investigation will resume promptly as soon as feasible. During any such delay, the Title IX Coordinator will implement supportive measures as appropriate.

Should a complainant or respondent decide not to participate in the grievance process, the process will proceed in the party’s absence and will be brought to a reasonable resolution. The party will continue to receive updates regarding the progress of the investigation and hearing, if any, and may re-engage with the grievance process at any time prior to its conclusion.

All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve reasonable efforts to interview all relevant parties and witnesses; to obtain available, relevant evidence; and to identify sources of expert information as necessary. 

All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record.

The investigators will attempt to interview the parties and available, relevant witnesses as described below. Throughout the investigation, the investigators will identify individuals they believe may have information relevant to the matter and will contact those individuals as potential witnesses. Additionally, the parties will have the opportunity to suggest relevant witnesses. If unclear, the investigators may request that the parties explain how the witnesses they have suggested are connected to the matter being investigated and what relevant information those witnesses may be able to provide.

The parties will also have the opportunity to suggest questions for the other party and any witnesses. If relevant, those questions will be asked by the investigators during interviews with the party or witness. The questions provided by the parties will be documented in the investigative report, along with notations indicating which questions were asked and the rationale for any changes or omissions.

When a party or witness is expected to participate in an interview, the investigators will provide them with written notice of the date, time, and location of the meeting, as well as the expected participants and purpose. Follow-up interviews may be scheduled with parties or witnesses as needed, for example, if additional charges are placed.

Should a party not respond to the initial attempt to schedule an interview, the investigators will make at least one additional attempt to interview the party. If the party does not respond to these attempts, the investigator will send the party written acknowledgment of their non-participation and notice of the next steps in the grievance process. The party will continue to be notified throughout the investigation and may participate in the process at any time prior to its conclusion. 

Should a witness not respond to the initial attempt to schedule an interview, the investigators will make at least one additional attempt to schedule with that witness before moving forward with the process.

Interviews of the parties and witnesses may be conducted in person or, if circumstances warrant, remotely using Zoom or a similar technology, or by phone if necessary. The investigators will take appropriate steps to ensure the security and privacy of interviews.

The investigators will take careful and thorough notes regarding the questions asked and the information provided during interviews with parties and witnesses. Interviews will not be audio- or video-recorded.

Following each interview, the investigators will combine their notes into a summary of the relevant information from the interview. Interviewed parties and witnesses will have the opportunity to review and verify the summary of their respective interviews prepared by the investigators. In the case of a clear misunderstanding or error by the investigators, the summary will be corrected before being finalized. Any other additions, changes, or corrections provided by the party or witness will be added to the summary with a notation. 

The following information will not be considered relevant to the investigation:

1. Questions and evidence regarding the complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent; and
2. Information protected by a legally recognized privilege, unless the holder of the privilege has voluntarily waived it in writing.

Within the boundaries stated above, the investigation can consider relevant character evidence.

Prior to the conclusion of the investigation, the parties and their respective advisors, if the parties so choose, will be provided with secure electronic access to the draft investigative report and an opportunity to inspect and review all evidence obtained as part of the investigation that is directly related to the reported misconduct. The directly related evidence will include any evidence that the investigators do not believe is relevant and do not intend to include in the final investigative report for the hearing panel to rely on in reaching a determination.

The draft investigative report will include the following: the names of the investigators, a list of involved parties and witnesses, policies applicable to the matter, an overview of the allegations, the charges placed in the matter, summaries of the interviews with the parties and the available relevant witnesses, and other information as deemed relevant by the investigators. Appendices will include relevant physical or documentary evidence, questions asked by the investigators and suggested by the parties, and a comprehensive timeline of the investigation. 

The investigators gather, assess, and synthesize evidence but do not draw conclusions, engage in policy analysis, and/or make recommendations as part of their report.

The draft investigative report and directly related evidence will be available to the parties and their advisors for a ten-business-day review and comment period so that each party may meaningfully respond to the report and evidence in writing. The parties may elect to waive the full ten-business-day period.

The parties may elect to provide additional evidence or identify additional witnesses in response to the draft investigative report but should understand that doing so at this point of the investigation may delay the completion of the grievance process.

If the parties submit written responses to the draft report and directly related evidence, the investigators will incorporate relevant information from those responses into the investigative report, include any additional relevant evidence, make any necessary revisions, and finalize the report. 

The investigators may, at their discretion, respond to the parties’ submissions in the investigative report. The investigators will document all rationales for any changes made to the report following the review and comment period. 

The final report will be shared with the parties and their advisors through secure electronic means at least ten business days before the hearing. The parties will also be provided with secure access to any directly related evidence that was not deemed relevant and was, therefore, not included in the report. 

If new evidence is provided by the parties after the investigative report has been finalized, the Title IX Coordinator may delay the hearing to allow the investigation to be reopened and the evidence considered.

No less than ten business days prior to the hearing, the investigators will provide the parties with a notice of hearing. Once emailed, mailed, or received in person, notice will be presumptively delivered.

The notice of hearing will contain:

• A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential sanctions and remedies that could result;
• The date, time, and location of the hearing;
• Any technology that will be used to facilitate the hearing;
• If the live hearing will be held in person or via video technology and the process for requesting alternative arrangements for hearing participation if it is scheduled to be held in person;
• A list of those who will be attending the hearing, along with instructions for how to object to a hearing panelist on the basis of demonstrated bias or conflict of interest;
• Information on how the hearing will be recorded and on access to the recording for the parties after the hearing;
• A statement that, if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. If a party or witness does not participate in the hearing, verbal or written statements made by that party or witness as part of the investigation will not be considered by the hearing panel in their deliberations if the party’s or witness’s credibility is in dispute and material to the outcome of the hearing. Evidence provided by that party or witness, other than verbal or written statements made by that party or witness as part of the investigation, may be considered by the hearing panel regardless of whether the party or witness participates in the hearing. For compelling reasons, the hearing chair, in consultation with the Title IX Coordinator, may reschedule the hearing;
• Notification that the parties may have the assistance of an advisor of their choosing at the hearing and that they will be required to have an advisor present to ask questions of the other party and witnesses. If a party does not have an advisor to ask questions on the party’s behalf at the hearing, the Title IX Coordinator will appoint one for that party;
• An invitation for each party to submit a written impact statement, including any sanctioning requests should the respondent be found responsible for a violation, to the Title IX Coordinator no later than one business day before the hearing. The impact statement(s) will be held by the Title IX Coordinator and will be provided to the hearing panel only if the respondent is found responsible for a violation and the hearing panel proceeds to determine sanctions;
• A reminder that disability accommodations, language assistance, and/or interpretation services may be requested for the hearing. Such a request must be made to the investigators no later than seven business days before the hearing.

Hearings that cannot be held before the end of a term will typically be held immediately after the term ends or during the summer, as necessary, to remain within the ninety-business-day goal for the grievance process, to the extent possible.

The parties will receive the names of the hearing panelists in the notice of hearing at least ten business days prior to the hearing. The hearing panelists will not have had any previous involvement with the investigation.

Objections to any hearing panelist on the basis of demonstrated bias or conflict of interest must be submitted in writing to the Title IX Coordinator at least five business days prior to the hearing and must detail the rationale for the objection. Hearing panelists with be removed only if the Title IX Coordinator concludes that the demonstrated bias or conflict of interest precludes an impartial hearing of the allegations.

The hearing panelists will receive the names of all parties, witnesses, and advisors with the investigative report at least five business days prior to the hearing. Any hearing panelist who cannot make an objective determination must notify the Title IX Coordinator and recuse themselves from the proceeding. If a hearing panelist is unsure if bias or conflict of interest exists, they must raise the concern with the Title IX Coordinator as soon as possible.

Upon completion of the final investigative report, the investigators will schedule separate pre-hearing meetings for the parties. The parties may each be accompanied at their pre-hearing meeting by an advisor and up to two support people, as defined in Section 1.

The pre-hearing meetings will be scheduled at least five business days prior to the hearing. The purpose of the pre-hearing meeting is to allow the investigators to answer any final questions the parties and their advisors may have and to clarify logistical matters, such as confirming the identity of the parties’ advisors. If a party does not attend the scheduled pre-hearing meeting, it will be cancelled; however, the party may ask questions of the investigators as needed.

The hearing panel has the authority to hear and make determinations regarding alleged violations of University Policy 03.004: Sexual Harassment and Other Sexual Misconduct. If the respondent is a student, the hearing panel may also hear and make determinations regarding allegations of other conduct prohibited by the Student Code of Conduct arising from the same incident(s) as the allegations under University Policy 03.004. 

Participants at the hearing will be limited to the hearing chair, two additional hearing panelists, the investigators who conducted the investigation, the parties, the parties’ advisors, any called witnesses, and individuals providing authorized accommodations or assistive services. With the approval of the Title IX Coordinator, a CRC staff member may observe the hearing for training purposes. 

Hearings, but not deliberations, will be audio-recorded for purposes of review in the event of an appeal. The hearing panelists, the parties, their advisors, the appeal officer (if any), and appropriate Ohio University administrators will be permitted to listen to the recording, if necessary, through a controlled means determined by the Title IX Coordinator. No person will be provided a copy of the recording or permitted to make a copy without the permission of the Title IX Coordinator. 

The hearing chair will conduct the hearing using a script, which will be provided to the parties and their advisors for reference during the hearing. The hearing chair will answer all procedural questions. 

The hearing chair will permit witnesses with relevant information to appear for a portion of the hearing to respond to questions from the hearing panel and the parties’ advisors, after which the witnesses will be excused.

At the discretion of the Title IX Coordinator, matters involving multiple complainants or respondents may be heard in the same hearing. Additionally, matters where there is a counterclaim or cross-complaint (i.e., both parties allege that the other violated University Policy 03.004) may also be heard in the same hearing. However, the Title IX Coordinator may determine that the investigation and/or hearing for each respondent should be conducted separately. In joint hearings, separate determinations of responsibility will be made for each respondent with respect to each alleged policy violation.

Any evidence that the hearing panel determines is relevant and credible may be considered. The hearing panel will not consider:

1. Questions and evidence regarding the complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent; or
2. Information protected by a legally recognized privilege, unless the holder of the privilege has voluntarily waived it in writing.

Within the boundaries stated above, the hearing panel can consider relevant character evidence.

Prior disciplinary action of any kind involving the respondent may be considered in determining an appropriate sanction following a determination of responsibility. This information will be considered only during the sanctioning stage of the process and only if the respondent is found to be responsible for a violation. The Title IX Coordinator will not share this information with the hearing panel until that stage.

The parties may each submit a written impact statement, including any sanctioning requests should the respondent be found responsible for a violation, to the Title IX Coordinator no later than one business day before the hearing. The impact statement(s) will be held by the Title IX Coordinator and will be provided to the hearing panel only if the respondent is found responsible for a violation and the hearing panel proceeds to determine sanctions.

The following is the typical order of the hearing, which may be amended at the discretion of the hearing chair. The hearing panel reserves the right to ask questions of anyone at the hearing at any time, including asking the investigators clarifying questions regarding the investigation. Further, the hearing panel may recess the hearing at any point and reconvene at a later time or date, should circumstances warrant. 

• The hearing chair will begin by explaining expectations for the hearing, asking participants to introduce themselves, and giving a brief overview of the nature of the allegations.
• The complainant will be given the opportunity to respond to the investigative report.
• The hearing panel will have the opportunity to ask the complainant questions.
• The respondent’s advisor will be given the opportunity to ask relevant questions of the complainant as described below.
• The respondent will be given the opportunity to respond to the investigative report.
• The hearing panel will have the opportunity to ask the respondent questions.
• The complainant’s advisor will be given the opportunity to ask relevant questions of the respondent as described below.
• The hearing panel will call witnesses and have the opportunity to ask them questions.
• The complainant’s advisor will be given the opportunity to ask relevant questions of witnesses as described below.
• The respondent’s advisor will be given the opportunity to ask relevant questions of witnesses as described below.
• The hearing panel and the parties’ advisors will have another opportunity to ask questions of the parties.
• The complainant will be given the opportunity to make a summary statement.
• The respondent will be given the opportunity to make a summary statement.
• The hearing chair will provide closing information.

During the hearing, the parties and witnesses will typically be questioned first by the hearing panel and then by the parties through their advisors, although the hearing panel reserves the right to ask questions of anyone at the hearing at any time. Anyone appearing at the hearing to provide information will respond to questions on their own behalf. Hearing participants have the responsibility to tell the truth and providing false evidence or deliberately misleading the hearing panel may subject the hearing participant to discipline under Ohio University policy.

The hearing chair will determine the relevance of all questions asked by the advisors on behalf of the parties. The advisor will pose each proposed question, then the proceeding will pause to allow the hearing chair to consider the question and determine whether it will be permitted, disallowed, or rephrased.

The hearing chair will state their decision on the record and instruct the party or witness to whom the question was directed to either answer or not answer the question accordingly. The hearing chair will explain any decision to exclude a question as not relevant or to rephrase a question to ensure relevance. 

The hearing chair will limit or disallow questions that are irrelevant, unduly repetitious, or abusive. Questions and evidence regarding the complainant’s sexual predisposition or prior sexual behavior will not be considered relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

The hearing chair has final authority over all questions and determinations of relevance. The hearing chair may ask advisors to explain why a question is or is not relevant from their perspective but will not entertain argument regarding relevance after ruling on the question.

If a party or witness does not participate in the hearing, verbal or written statements made by that party or witness as part of the investigation will not be considered by the hearing panel in their deliberations if the party’s or witness’s credibility is in dispute and material to the outcome of the hearing. Evidence provided by that party or witness, other than verbal or written statements made by that party or witness as part of the investigation, may be considered by the hearing panel regardless of whether the party or witness participates in the hearing.

The hearing panel may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer questions from the advisor(s) or hearing panel.

The hearing panel will deliberate in closed session and determine findings by a simple majority vote. The hearing panel will use the preponderance of the evidence standard in determining whether University policy was violated.

If the hearing panel finds the respondent in violation for one or more of the charges, the hearing panel will request any written impact statements submitted by the parties and the respondent’s previous disciplinary history, if any, from the Title IX Coordinator. If impact statements are provided to the hearing panel, the parties and their advisors will be given access to view them during the appeal period described in Section 46. The hearing panel may, at its discretion, consider impact statements and the respondent’s disciplinary history, if any. The hearing panel will determine the appropriate sanctions for the respondent and remedies for the complainant, in consultation with appropriate University officials, as needed.

The hearing chair will prepare a written statement of finding and deliver it to the Title IX Coordinator. This statement will detail the determination, the rationale, the evidence used in support of the determination, the evidence not relied upon in the determination, credibility assessments, and any sanctions and remedies.

The statement of finding must be submitted to the Title IX Coordinator within three business days following the conclusion of the hearing, unless the Title IX Coordinator grants an extension. The Title IX Coordinator will notify the parties if an extension delays the issuance of the notice of outcome.

Using the statement of finding, the Title IX Coordinator will work with the hearing chair to prepare a notice of outcome. The Title IX Coordinator will then share the notice, including the determination, rationale, and any applicable sanctions and remedies with the parties within four business days of receiving the statement of finding from the hearing panel, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.

The notice of outcome will be shared with the parties simultaneously. The notice will be made in writing and will typically be emailed to the parties’ Ohio University email accounts or another approved email address provided by the party; however, it may also be delivered in person or mailed to the local or permanent address of the parties as indicated in Ohio University records. Once emailed, mailed, and/or received in person, notice will be presumptively delivered.

The notice of outcome will state a summary of the allegations and the specific policies reported to have been violated and will contain a description of the procedural steps taken by Ohio University from the receipt of the report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and meetings and hearings held.

The notice of outcome will specify the finding on each alleged policy violation; the findings of fact that support the determinations; conclusions regarding the application of relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation; any sanction and conditions of sanction issued that are permitted to be shared under state or federal law; and any remedies provided to the complainant designed to ensure access to Ohio University’s education or employment program, to the extent that this information may be shared under state or federal law. Details of remedies are not typically shared with the respondent unless the remedy directly relates to them.  

The notice of outcome will also include information about the appeal options and process, any changes that occur prior to finalization, and when the results are considered by Ohio University to be final.

Factors considered when determining a sanction and related conditions of sanction may include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s);
• The respondent’s disciplinary history;
• The need for a sanction to end the impact of the sexual harassment and/or other sexual misconduct, to prevent its future recurrence, and/or to remedy its effects on the complainant and/or the community;
• The impact on the parties; and
• Any other information deemed relevant by the hearing panel.

Any sanctions or conditions of sanction imposed as a result of the hearing are typically stayed during the appeal process.

The following are the usual sanctions that may be imposed on students and student organizations or groups:

• Reprimand – Official notification of unacceptable behavior and violation of University Policy 03.004: Sexual Harassment and Other Sexual Misconduct and/or the Student Code of Conduct. Any further violations may result in more serious sanctions.
• Disciplinary Probation – Sanction imposed for a designated period of time. Further violations of prohibited conduct may result in further disciplinary action, up to and including disciplinary suspension or disciplinary expulsion. Periodic probationary meetings may be required. Any assigned conditions of sanction must be completed prior to the conclusion of disciplinary probation; otherwise, the disciplinary probation will remain in effect until the conditions of sanction are completed.

• Disciplinary Suspension (Student) – Sanction imposed for a designated period of time. During the period of disciplinary suspension, the student may not attend classes, either in person or online, or participate in University-related activities, whether they occur on or off campus. Additionally, a student under disciplinary suspension may not be present on University premises unless authorized in writing in advance by the Title IX Coordinator. All assigned conditions of sanction must be completed prior to the conclusion of the disciplinary suspension; otherwise, the disciplinary suspension will remain in effect until the conditions of sanction are completed.

  Students who have been suspended from the University through the Sexual Harassment and Other Sexual Misconduct Grievance Process must petition for re-enrollment through the Title IX Coordinator, who may grant the petition at their discretion. Students must complete a re-enrollment form through the registrar and be in good academic standing with their college to otherwise be eligible to re-enroll and return to the University. Students who re-enroll following a period of disciplinary suspension will return on disciplinary probation for the remainder of their academic career at Ohio University. 

• Disciplinary Expulsion (Student) – Sanction which permanently removes the student from their academic program and separates the student from the University without the opportunity to graduate or re-enroll in the future. A student under disciplinary expulsion may not be present on University premises unless authorized in writing in advance by the Title IX Coordinator. Disciplinary expulsion will be noted on the student’s academic transcript.
• Disciplinary Suspension (Student Organization or Group) – A temporary revocation of University recognition. While an organization or group is suspended, it may not use University resources or participate as an organization in any University activities or events. Disciplinary suspension of a student organization or group will not exceed five years. Student organizations or groups that have been suspended from the University through the Sexual Harassment and Other Sexual Misconduct Grievance Process must petition for re-enrollment through the Title IX Coordinator, who may grant the petition at their discretion and in consultation with the Director of Community Standards and Student Responsibility. Student organizations or groups that return following disciplinary suspension will return on a period of disciplinary probation. 
• Disciplinary Expulsion (Student Organization or Group) – Permanent revocation of University recognition of the student organization or group.

In conjunction with a sanction, a student respondent found to be in violation of University Policy 03.004 may be assigned conditions of sanction, which include, but are not limited to, access restriction, revocation of rights and privileges, housing or worksite reassignment, and educational activities.

The following are the usual sanctions that may be imposed on employees:

• Censure – A formal statement of disapproval.
• Reprimand – Official notification of unacceptable behavior and violation of University Policy 03.004: Sexual Harassment and Other Sexual Misconduct. Any further violation may result in more serious sanctions.
• Suspension without Pay – A defined period of time during which the respondent will not be permitted to work and will not receive pay.
• Demotion and/or Loss of Tenure – Reassignment to a position of lower rank and pay.
• Dismissal/Termination of Employment – The separation of the employee from employment with Ohio University. 

In conjunction with a sanction, an employee respondent found to be in violation of University Policy 03.004 may be assigned conditions of sanction, which include, but are not limited to, a performance improvement plan, denial of pay increase/pay grade, worksite reassignment, educational or training activities, and restriction of stipends, research, and/or professional development resources.

Both parties may file a request for appeal, which must be submitted in writing within five business days of the delivery of the notice of outcome. The notice of outcome will include a link to the online appeal form, which should be used to submit any appeal to the Title IX Coordinator.

Any sanctions or conditions of sanctions imposed as a result of the hearing are typically stayed during the appeal process. If the sanction or any of the conditions of sanction are to be implemented immediately following the hearing but before the appeal process is complete, the emergency removal procedures must be followed (see Appendix C).

Appeals are limited to the following grounds:

• A procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility was made and that could affect the outcome of the matter; and 
• The Title IX Coordinator, investigator(s), or hearing panelist(s) 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. (If an appeal claims a conflict of interest or bias on the part of the Title IX Coordinator, the Deputy Title IX Coordinator will manage the administration of the appeal process.)

If either party submits an appeal, the appeal and a link to the online rebuttal form will be shared with the other party, who will have five business days to submit a rebuttal. At their discretion and for cause, the Title IX Coordinator may elect to extend the deadline for appeals and/or rebuttals. Should this occur, both parties will be notified of the new deadline.

If the grounds for appeal include a claim of procedural irregularity or conflict of interest or bias, the Title IX Coordinator, investigators, and/or hearing panelists, as appropriate based on the content of the appeal, will be provided access to the appeal and will have five business days to submit a response to the portion of the appeal that involves them. 

The appeal, as well as the rebuttal and responses, if any, will be provided to the appeal officer, along with the case file. The appeal officer will be a member of the grievance process pool who was not previously involved in the process. 

The following will guide the appeal officer during the review and consideration of the appeal and related materials:

• Appeals are not intended to provide for a full re-hearing of the allegation(s). Appeals are confined to a review of the written documentation and case file of the original hearing and pertinent documentation regarding the specific grounds for appeal. The appeal officer may listen to part or all of the hearing recording, as needed to consider the specific grounds for appeal. 
• Decisions on appeal are to be deferential to the original decision. An appeal is not an opportunity for the appeal officer to substitute their judgment for that of the original hearing panel merely because they disagree with the finding and/or sanction.
• The appeal officer may consult with the Title IX Coordinator on questions of procedure or rationale for clarification, as needed.
• Appeals granted based on new evidence will normally be remanded to the original investigators for necessary investigation and to the original hearing panel for reconsideration.
• Appeals granted on the basis of a procedural irregularity will typically be remanded to the original hearing panel for reconsideration or, if deemed appropriate by the appeal officer, a new hearing may be ordered with a new hearing panel.
• Actions taken if an appeal is granted on the basis of conflict of interest or bias will vary based on the role of the individual(s) identified as having the conflict of interest or demonstrating bias.

Within ten business days of receiving materials related to the appeal, the appeal officer will make a decision on the appeal. If necessary, the appeal officer may take additional time to fully consider the appeal and rebuttal. Should this occur, both parties will be notified.

A written notice of the appeal outcome will be sent to both parties simultaneously and will specify the finding on each ground for appeal and the rationale for each decision. If applicable, the notice may also include any specific instructions for remand or reconsideration and the rationale for these instructions.  

The notice of appeal outcome will typically be emailed to the parties’ Ohio University email accounts or another approved email address provided by a party; however, it may also be delivered in person or mailed to the local or permanent address of the parties as indicated in Ohio University records. Once emailed, mailed, and/or received in person, notice will be presumptively delivered.

Once an appeal is decided, the outcome is final. Further appeals are not permitted unless a case is remanded to the original hearing body or a new hearing in ordered. The finding and sanction, if any, that result from the remand or new hearing may be appealed on the grounds listed above and in accordance with the appeal process.

The Title IX Coordinator will issue a notice of final determination to both parties following the conclusion of the appeal process, including a remand to the original hearing panel or a new hearing, or if there is no appeal, once the appeal period has passed. This notice will confirm that the grievance process has concluded, identify any changes that have occurred, and offer long-term remedies or other actions, as appropriate.

When a respondent is found in violation of University policy, the Title IX Coordinator may implement remedies for the complainant, in addition to any sanctions imposed on the respondent, that are designed to restore or preserve the complainant’s access to Ohio University’s education program or activity. Remedies may include the same individualized services provided as supportive measures, as well as broader actions designed to impact the campus community. Unlike supportive measures, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent. 

Remedies may include, but are not limited to:

• Referral to counseling and health services,
• Referral to the Employee Assistance Program,
• Education to the individual or community,
• Permanent alteration of housing assignments,
• Permanent alteration of work arrangements for employees,
• Policy modification and/or training,
• Implementation of long-term contact limitations between the parties, and
• Implementation of adjustments to academic deadlines, course schedules, etc.

When no policy violation is found, the Title IX Coordinator will continue to provide both parties with appropriate supportive measures designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party. 

As permitted in accordance with applicable law, Ohio University will maintain the privacy of any remedies and supportive measures, provided privacy does not impair the University’s ability to provide these services.

Respondents are expected to comply with an assigned sanction, any conditions of sanction, and any remedies that relate to them within the timeframe specified by the hearing panel and/or appeal officer. Failure to do so, whether by refusal, neglect, or any other reason, may result in additional disciplinary action.

Ohio University will maintain records of the following for a period of at least seven years:

• Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;
• Any disciplinary sanctions imposed on respondents;
• Any remedies provided to complainants designed to restore or preserve equal access to Ohio University’s education program or activity;
• Any appeals and the results therefrom;
• All materials used to train Title IX Coordinators, investigators, hearing panelists, and appeal officers, which will be made publicly available on the University’s website; and
• Any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment, including:
  • The basis for all conclusions that the response was not deliberatively indifferent;
  • Any measures designed to restore or preserve equal access to Ohio University’s education program or activity; and
  • If no supportive measures were provided to the complainant, documentation of the reasons why such a response was not clearly unreasonable in light of the known circumstances. 

Ohio University will also maintain any and all records in accordance with state and federal laws.

The Offices of Legal Affairs and Civil Rights Compliance (CRC) will review this process periodically to assess the effectiveness and continued compliance. Changes will be made as necessary, and once those changes are posted on the CRC website, they are in effect. The versions of the Sexual Harassment and Other Sexual Misconduct Grievance Policy and Process posted on the CRC website are the versions in use at that time and control in the event of discrepancies between those versions and any other versions available online or elsewhere.

During the grievance process, the Title IX Coordinator may make minor modifications to the process that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules.

Respondents have the right to be, and will be, presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

Additionally, complainants and respondents have the right to:

• A fundamentally fair resolution as defined in the Sexual Harassments and Other Sexual Misconduct Grievance Process;
• Have their matter handled in a forthright and timely manner and to be treated with respect by Ohio University officials;
• Regular updates on the status of the grievance process;
• Have University Policy 03.004: Sexual Harassment and Other Sexual Misconduct and its related Process followed without material deviation;
• The preservation of privacy, to the extent possible and permitted by law;
• Petition to request that any Ohio University representative participating in the grievance process be recused on the basis of demonstrated bias and/or conflict of interest;
• Be informed of supportive measures, as available and appropriate and without fee or charge, whether a formal complaint has or has not been filed, and to have supportive measures remain private, provided privacy does not impair Ohio University’s ability to provide them and as permitted by law;
• Request reasonable accommodations due to disability;
• Timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date, time, and location of the alleged misconduct (if known); the implicated policies and procedures, and possible sanctions;
• Timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional complainants) and any adjustments needed to clarify potentially implicated policies;
• Not participate in the grievance process with the understanding that it may proceed without their participation;
• Have an advisor of their choice, who may be, but is not required to be, an attorney, present during any meetings, interviews, or hearings. The role of the advisors is outlined in Appendix B;
• Have an advisor appointed to them by the University, if they do not have one, for the purpose of questioning the other party and witnesses during the hearing;
• Have up to two support people present during any meetings or interviews that may occur as part of the grievance process. Support people may not be present at the hearing and may not be witnesses in the matter;
• Receive written advance notice of any meetings in which they are entitled to participate and the purpose of those meetings;
• A fair opportunity to provide the investigators with a statement regarding their account of the alleged misconduct and to have that statement be on the record;
• Provide relevant evidence and information as part of the investigation;
• Ask the investigators to identify and question relevant witnesses, including expert witnesses;
• Know the names of all witnesses that are contacted as part of the investigation;
• Provide the investigators with a list of questions to be asked of the other party and witnesses, if deemed relevant by the investigators;
• Secure electronic access to the draft investigative report and directly related evidence, made available to the parties and their advisors for a ten-business-day review and comment period, so that each party may meaningfully respond to the evidence in writing;
• Secure electronic access to the final investigative report at least ten business days prior to a hearing, as well as access to any directly related evidence that was not deemed relevant and therefore was not included in the report;
• Speak or not speak during the grievance process, with the understanding that choosing not to participate in the hearing may result in the hearing panel being unable to consider statements made by the party during the investigation;
• Question the other party and witnesses that participate in the hearing through their advisor;
• Be present, either in person or via video technology, during all testimony given and evidence presented during the hearing;
• Have the preponderance of the evidence applied as the standard of proof in making a finding after an objective evaluation of all relevant evidence;
• Have the opportunity to submit a written impact statement for consideration by the hearing panel after a determination of responsibility for any allegations and prior to determining sanctions:
• Promptly receive a written notice of outcome containing the finding and any sanction imposed, as well as a detailed rationale for the decision, including an explanation of how credibility was assessed, delivered simultaneously to the parties;
• File a written appeal to be reviewed and decided by an appeal officer; and
• Be informed in writing when a decision by Ohio University is considered final and of any changes to the sanction(s), if any, made before the decision is finalized.

The parties may each have an advisor of their choice present with them for all meetings, interviews, and hearings within the grievance process, if they choose. The parties may select any individual to serve as their advisor provided the advisor is eligible and available. “Available” means the party may not insist on an advisor who lacks the willingness, time, or availability. Also, the advisor may not hold an institutionally conflicting role, such as being a supervisor who must monitor and implement sanctions.

Choosing an advisor who is also a witness in the grievance process creates the potential for bias and a conflict of interest. A party who chooses an advisor who is also a witness should anticipate that issues of potential bias may be examined by the hearing panel.

A. Who Can Serve as an Advisor

The advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the grievance process. The parties may choose advisors from inside or outside of the Ohio University community.

Parties may choose not to have an advisor in the initial stages of the grievance process, prior to the hearing.

B. The Advisor’s Role in Meetings and Hearings

The parties may be accompanied by their advisor of choice at all meetings at which the party is entitled to be present, including intake and interviews. The advisor may help the party prepare for each meeting and is expected to advise ethically, with integrity, and in good faith.

C. Advisors in Hearings/Ohio University Appointed Advisor

Under Title IX regulations, the parties are not permitted to directly question each other or any witnesses. Instead, each party’s advisor must question the other party and the witnesses on their behalf. If a party does not have an advisor for a hearing, or if the advisor will not conduct questioning, Ohio University will appoint an advisor for the limited purpose of asking the other party and witnesses the questions provided by the party being advised. A party may decline this appointment and select their own advisor who will conduct questioning; however, a party may not proceed without an advisor.

If a party does not participate in the hearing, their advisor of choice may still attend for the purpose of questioning the other party and witnesses on their behalf, or they may request a university-appointed advisor and provide them with questions to ask in the party’s absence.

D. Advisor Violations of Ohio University Expectations

All advisors, whether attorneys or not, are subject to the same University policies and procedures. Advisors are expected to advise their advisees without disrupting proceedings. Advisors may not make presentations or represent their advisee during any meeting or proceeding, and they may not speak to the investigators or the hearing panel on behalf of their advisee, except for the purpose of asking questions of the other party and witnesses during a hearing.

The parties are expected to communicate and respond to questions on their own behalf throughout the investigation phase of the grievance process. Although the advisor generally may not speak on behalf of their advisee, the advisor may consult with their advisee, either privately as needed or by quietly conferring or passing notes during any grievance process meeting, interview, or hearing. For lengthier or more involved discussions, the parties and their advisors should ask for breaks to allow for private consultation.

Any advisor who oversteps their role as defined by this policy will typically be warned only once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the meeting or hearing will be ended or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the advisor’s non-compliance and future role.

E. Sharing Information with the Advisor

Ohio University understands that the parties may wish to have the University share documentation and evidence related to the allegations with their advisors. There is an expectation of privacy around information and evidence shared with the parties during the investigation and hearing; however, parties may share this information directly with their advisors. Doing so may help the parties participate more meaningfully in the grievance process. (The parties have discretion to share their own knowledge and evidence with others if they so choose. Parties are encouraged to discuss any sharing of information with their advisors before doing so.)

Parties may also sign a consent form that authorizes Ohio University to share such information directly with their advisor. The parties must complete and submit this form to the Title IX Coordinator or the investigators before the University is able to share records with an advisor.

At the discretion of the Title IX Coordinator, Ohio University will comply with a party’s request that all communications be made through an attorney who is serving as the party’s advisor in the grievance process.

F. Privacy of Records Shared with the Advisor

Advisors are expected to keep the records shared with them private. They may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by Ohio University. The Title IX Coordinator may seek to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by Ohio University’s privacy expectations.

G. Expectations of an Advisor

Ohio University generally expects advisors to make themselves available to attend grievance process meetings as scheduled. However, if doing so will not cause an unreasonable delay, the investigators may change scheduled meetings to accommodate an advisor’s inability to attend.

The investigators may also make reasonable provisions to allow an advisor who cannot attend in person to participate in a meeting by telephone, videoconference, or other similar technology, as available and appropriate.

H. Expectations of the Parties with Respect to Advisors

A party may elect to change advisors during the grievance process and is not obligated to use the same advisor throughout. The parties are expected to inform the investigators of the identity of their advisor when the advisor first participates with the party and to provide timely notice to the investigators if they change advisors at any time during the grievance process.

It is assumed that if a party changes advisors, consent to share information with the previous advisor is terminated, and a release for the new advisor must be secured. Parties are expected to inform the investigators of the identity of their hearing advisor at least fifteen business days before the hearing so that the advisor may be properly listed in the notice of hearing that must be sent to the parties no less than ten business days before the hearing. 

For parties who are entitled to union representation, the University will allow the unionized employee to have their union representative, if requested by the party, as well as an advisor of their choice present for all grievance process meetings, interviews, and hearings. To uphold the principles of parity, the other party, regardless of union membership, will also be permitted to have two advisors. Witnesses are not permitted to have union representation or advisors in grievance process interviews, meetings, or hearings.

An emergency removal is not tantamount to a determination of responsibility or a sanction. Ohio University may remove a respondent on an emergency basis whether the grievance process is underway or not.

The Title IX Coordinator will implement the least restrictive emergency removal actions possible in light of the circumstances and safety concerns. These actions may include, but are not limited to, interim suspension from University premises and activities (including class attendance), removal from University housing, restriction of access to particular areas of campus, and suspension of participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate athletics.

When an emergency removal is imposed, the student respondent will be issued a Notice of Removal letter. Notice will be made in writing and will be emailed to the respondent’s Ohio University email account. At the discretion of the Title IX Coordinator, an alternate means of delivering the Notice of Removal letter may be utilized if circumstances warrant. Once emailed or otherwise sent or given in person, notice will be presumptively delivered.

Upon delivery of the Notice of Removal letter, the respondent may request a review meeting with the Title IX Coordinator where the respondent may show cause why the removal should not be implemented or should be modified.

Requests for a review meeting with the Title IX Coordinator must be made within three business days of the delivery of the Notice of Removal. The review meeting will be held as soon as reasonably possible after the request is made by the respondent. If the respondent does not request a meeting within three business days, objections to the emergency removal will be deemed waived.

The review meeting with the Title IX Coordinator is not a hearing on the merits of the allegations but rather an administrative process intended solely to determine whether the emergency removal is appropriate. The respondent may be accompanied by an advisor of their choice at the review meeting. The complainant and their advisor of choice may be permitted to participate in the meeting if the Title IX Coordinator determines that such participation is appropriate. At the review meeting with the Title IX Coordinator, the respondent will be allowed to present their position regarding why they believe the emergency removal should not be implemented or should be modified.

The Title IX Coordinator will prepare a written determination/response to the review meeting within two business days of the meeting. The Title IX Coordinator has sole discretion to implement or stay an emergency removal and to determine the conditions and duration. The Title IX Coordinator’s decision is final; there is no appeal process for an emergency removal decision.

If the Sexual Harassment and Other Sexual Misconduct Grievance Process does not move forward following an emergency removal, the emergency removal will be rescinded and the party notified promptly.

Violation of an emergency removal under University Policy 03.004 will be grounds for separate discipline, which may include actions up to or including expulsion from the University.