Understanding the Grievance Process

When Civil Rights Compliance (CRC) receives a report alleging sexual misconduct, CRC responds in accordance with the Sexual Harassment and Other Sexual Misconduct Grievance Process. This process explains how reports of alleged violations of University Policy 03.004 are addressed, including the investigation and resolution of complaints. The process is overseen by the Title IX Coordinator and CRC staff and is designed to ensure a prompt, fair, and impartial response to allegations. 

CRC staff and others involved in the Grievance Process receive annual training on issues related to domestic violence, dating violence, sexual assault, and stalking. They also receive training on conducting investigations and hearings in a manner that protects the safety of impacted parties and promotes fairness, impartiality, and accountability.

Please review key definitions related to the University Policy 03.004: Sexual Harassment and Other Sexual Misconduct and the related Grievance Process. For complete lists of definitions and additional information, please refer to the Policy and Grievance Process documents.

Summary of the Grievance Process

Parties involved in the grievance process are encouraged to read the Sexual Harassment and Other Sexual Misconduct Grievance Process document in its entirety. However, the major steps are summarized below.

Ohio University strives to provide resources and supportive measures to anyone impacted by sexual misconduct, regardless of when or where the incident occurred. However, because some reported incidents may occur in locations or circumstances that fall outside of the University’s jurisdiction, certain portions of the Sexual Harassment and Other Sexual Misconduct Grievance Process may not apply in every situation.

Initial Meeting

Upon receipt of a report of alleged sexual misconduct, a CRC staff member will typically contact the individual reported to have experienced sexual misconduct to provide information about resources and offer an opportunity to meet. The nature of the communication and meeting may vary depending on the circumstances of the report, but the primary goals generally include:

  • Ensuring the individual’s immediate safety and well-being; 
  • Providing the individual with the Title IX Coordinator’s name and contact information;
  • Sharing information about reporting options, mental health and medical care, and other resources available through the University and community resources; 
  • Discussing possible supportive measures; and, when appropriate, 
  • Reviewing University Policy 03.004 and the Sexual Harassment and Other Sexual Misconduct Grievance Process. 

Individuals may choose whether to respond to CRC’s outreach and whether, or to what extent, they wish to participate in the process.

Formal Complaint and Notice of Investigation and Allegations

A formal complaint is a document submitted by a complainant, or signed by the Title IX Coordinator, alleging a violation of University Policy 03.004 by a respondent and requesting an investigation of the allegation(s).

When a formal complaint is submitted, the respondent is provided written notice of the allegations, including the identity of the complainant, and is offered an opportunity to meet with a CRC staff member for an initial meeting.

A formal complaint may be submitted at any time and does not require prior contact with Civil Rights Compliance. However, individuals may wish to submit a report and meet with a CRC staff member before deciding whether to file a formal complaint. Doing so provides an opportunity to learn about available resources, supportive measures, reporting options, and the Grievance Process before deciding how to proceed.

Investigation

Trained investigators will conduct a thorough, reliable, impartial, prompt, and fair investigation. The investigation will include interviews with available and relevant parties and witnesses, the collection and review of relevant evidence, and identification of sources of expert information, when necessary.

Throughout the investigation process, all parties have a full and fair opportunity to identify witnesses, suggest relevant questions, provide evidence and expert witnesses, and review and respond to all directly related evidence gathered during the investigation.

The investigation concludes with a final investigative report, which is provided to the parties and the hearing panel before the hearing.

Hearing

A trained hearing panel is responsible for conducting a fair and impartial hearing and determining whether a violation of University Policy 03.004 occurred. Hearings are usually conducted remotely, with the parties participating from separate locations.

Participants generally include the hearing chair, two additional hearing panelists, the investigators who conducted the investigation, the parties, their advisors, witnesses, and anyone providing approved accommodations or assistive services. The hearing chair conducts the hearing using a script, which is provided to the parties and their advisors in advance.

During the hearing, the hearing panel and the parties’ advisors have the opportunity to ask questions of the parties and witnesses. Witnesses participate only during the portion of the hearing in which they respond to questions from the hearing panel and the parties’ advisors.

If a party or witness does not participate in the hearing, verbal or written statements made by that individual during the investigation will not be considered by the hearing panel in its deliberations if the individual’s credibility is in dispute and material to the outcome of the hearing. However, evidence provided by that party or witness that is not a verbal or written statement, such as documentary or physical evidence, may still be considered by the hearing panel regardless of the individual’s participation in the hearing.

The hearing panel may not draw any inference solely because a party or witness does not participate in the hearing or declines to answer questions during the hearing.

Standard of Evidence

Ohio University uses the preponderance of the evidence standard when determining whether a violation of University policy occurred. Under this standard, the hearing panel determines whether the statements and other information presented would lead a reasonable person to conclude that it is more likely than not that the respondent committed the alleged violation. In other words, the hearing panel must determine whether there is greater than a 50% likelihood that the violation occurred.

Consideration of Evidence

The hearing panel may consider any evidence it determines is relevant and credible. However, the hearing panel will not consider:

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

Subject to these limitations, the hearing panel may consider relevant character evidence.

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

Deliberation, Determination, and Notice of Outcome

Following the hearing, the hearing panel will deliberate in a closed session and determine its findings by a simple majority vote. If the hearing panel finds the respondent responsible for one or more policy violations, it 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. Based on the hearing panel’s findings, the Title IX Coordinator will prepare a written notice of outcome and simultaneously provide it to the parties and their advisors.

Appeals

Either party may submit a written appeal within five business days of receiving the notice of outcome. If an appeal is submitted, the appeal and a link to the online rebuttal form will be provided to the other party, who will have five business days to submit a rebuttal.

The appeal, any rebuttal, and the case file will be provided to an appeal officer for review. The appeal officer will issue a written notice of appeal outcome, which will be provided simultaneously to both parties and will include the findings on each ground for appeal and the rationale for each decision.

Once an appeal is decided, the outcome is final. Further appeals are not permitted unless a case is remanded to the original hearing panel or a new hearing is ordered.

Rights of the Parties

To ensure a fair and impartial investigation and resolution of allegations, Appendix A of the Sexual Harassment and Other Sexual Misconduct Grievance Process provides a comprehensive list of the rights afforded to complainants and respondents throughout the process.

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.

Advisors and Support People

The Sexual Harassment and Other Sexual Misconduct Grievance Process allows both the complainant and respondent to be accompanied by and advisor and up to two support people throughout the process. 

Advisors

An advisor is a person chosen by a party (the complainant or respondent) to accompany them to meetings related to the Grievance Process, provide them advice regarding the process, and question the other party and witnesses at the hearing, if any. A party may have one advisor present during meetings, interviews, and the hearing, if any, although the advisor does not have to be the same individual throughout the process. 

Advisors may assist parties by helping them prepare materials, drafting questions, and conferring during meetings and the hearing, provided that doing so does not unreasonably disrupt or delay the process. Advisors also question the other party and witnesses during the hearing; however, they may not make statements on behalf of the party. An advisor may be any person chosen by the party, including an attorney. If a party does not have an advisor available to question the other party and witnesses during the hearing, the University will appoint one for that purpose. See Appendix B of the Sexual Harassment and Other Sexual Misconduct Grievance Process for additional information regarding advisors.

Support People

A support person is a person chosen by a party (the complainant or respondent) to provide support during meetings and interviews with investigators and other CRC staff. A party may bring up to two support people to meetings and interviews, in addition to the party’s advisor. Support people do not have to be the same individuals throughout the process. 

Support people do not actively participate in the process but may attend meetings and interviews to provide support to the party. Support people do not attend the hearing, if any; however, the party must be accompanied by an advisor at the hearing. A support person cannot also be a witness in the matter in question.