Formal Resolution Procedures

The University will use the procedures outlined below to investigate and adjudicate, in a prompt and equitable process, formal complaints of Title IX Sexual Harassment. Different procedures apply depending on the particular circumstances of a case, including whether Title IX or Non-Title IX Sexual Harassment is alleged. The Formal Resolution Procedures are when Informal Resolution is either not elected or is unsuccessful. The Formal Resolution Procedures are as follows.

Basic Rights of Parties

Both the Complainant and Respondent are afforded rights within this Policy, including:

The right to participate or to decline to participate in process.
Information about applicable support and resources.
Equitable procedures that provide both parties with a prompt and impartial process conducted by officials who receive annual training on conduct prohibited by the Policy.
Written statement of the allegations and the specific Policy provisions alleged to have been violated.
Written notice of the date, time, and place of investigative interviews prior to the interview.
Equal opportunity to access and provide evidence to the Investigator.
Reasonable accommodation(s) as determined by Office of Academic Accommodations and Accessibility (for students) and the Office of Human Resources (for employees).
To be accompanied to any process meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.
The opportunity to receive and respond to the information related to the charge(s).
Equal opportunity to identify relevant witnesses and other evidence and to suggest possible topics to be covered with witnesses during the formal process;
Written, final outcome of the formal process, including level of responsibility for each Policy violation, outcomes (if applicable), and information on the appeals process.
The right to notification, in writing, of the resolution, including the outcome of any appeal.

Standard of Evidence and Presumption

Preponderance of Evidence is the standard of proof in which decisions will be made regarding violations of this Policy. Decisions about responsibility will be made using the preponderance of the evidence standard. To be found responsible, there must be sufficient evidence to conclude it is more likely than not that the respondent violated the Policy. Respondents are presumed not responsible until a determination has been made, and Complainants are presumed to be reporting in good faith.

Obligation to Provide Truthful Information

All university community members are expected to provide truthful information in any proceeding under this Policy. Submitting or providing deliberately false or misleading information in bad faith or with a view to personal gain or intentional harm to another in connection with an incident of conduct prohibited by this Policy is also prohibited and subject to disciplinary sanctions.

False information provided by students is a violation of the Code of Conduct and will be referred to the Office of Student Conduct. False information provided by employees will be forwarded to the Office of Human Resources and addressed via the Staff Manual.

This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report or complaint are determined to be erroneous or are not later substantiated by the determination.

Right to An Advisor of Choice

Both the Complainant and Respondent have the right to be accompanied to meetings by an advisor of their choice, who may be, but is not required to be, an attorney. Generally, the advisor selected by the Complainant or Respondent should be free of conflicts of interest in the process. If a member of the university community, the advisor should be free of conflicts in their position in the community. Parties must notify the Title IX Coordinator, in writing, of their advisor of choice.

A Party's advisor must observe the following protocols:

The purpose of the advisor is to support a Party in the Resolution Process.
During the investigation phase of the process or in any other meeting, advisors may confer with their advisee, but they may not speak on behalf of their advisee, advocate for their advisee, or otherwise actively participate in the process.
The advisor may accompany their advisee to all meetings relating to the process, including the Alternative Resolution Process, if applicable.
While advisors may assist their advisee in drafting written communications to the university, they may not directly or indirectly communicate with the Title IX Coordinator, the Investigator, any Hearing Officer/Decision Maker, witnesses (other than their own advisee), or the Appeal Board.
Advisors may not interrupt or otherwise unduly delay the process. If an advisor is not reasonably available to participate in the process, the university reserves the right to move forward with its process to ensure its prompt completion.
With the permission of their advisee, advisors will be provided access to the same investigation materials and permissible evidence that is available to their advisee. This information frequently includes student records and other confidential and highly sensitive information. Advisors’ access to such information is conditioned upon their agreement to maintain the confidentiality of these records, except when disclosure is legally authorized. Advisors may only discuss information disclosed through the investigation process with their advisee. For example, if a party’s advisor is an attorney, the attorney may not share any information obtained during the investigation process with other attorneys or staff associated with the attorney.
Violations of confidentiality or other forms of interference with the process by the advisor may result in disqualification of an advisor, in addition other available actions.
The university reserves the right to disclose information about the identity of one party’s advisor to the other party in the process.

Formal Complaint

The filing of the Formal Complaint typically begins the formal or informal resolution process. Upon receiving a Formal Complaint, the Title IX Coordinator will make a preliminary determination of the procedures that will apply. In some cases, the University may move forward with the formal resolution process even if the Complainant chooses not to file one or move forward with a formal complaint. If the university decides that it has an obligation to move forward with its process, the Title IX Coordinator will sign the formal complaint, and the university will notify the Complainant before proceeding.

Regardless of a request that an investigation not be pursued, the university may still provide supportive measures and resources to a Complainant and Respondent (if the Respondent is aware of the allegations). The university will not only take steps to prevent retaliation and will take strong responsive action if retaliation occurs, even if a formal complaint is not pursued.

Complainants can withdraw their formal complaint at any time in the process up until a determination about responsibility has been made.

Initial Assessment

Following intake, receipt of notice, or a complaint of an alleged violation of Non-Title IX or Title IX Sexual Harassment Prohibited Conduct, the Title IX Coordinator engages in an initial assessment. The steps in an initial assessment can include:

The Title IX Coordinator reaches out to the Complainant to offer supportive measures.
Notify the Complainant of the right to an Advisor of their choice.
The Title IX Coordinator works with the Complainant to determine which of three options to pursue: A Supportive Response, an Alternative Resolution, or a Formal Resolution.
If Supportive Measures are preferred, the Title IX Coordinator works with the Complainant to identify their wishes and then seeks to facilitate implementation. An Informal or Formal Resolution process is not initiated, though the Complainant can elect to initiate it later, if desired.
If an Alternative Resolution option is preferred, the Title IX Coordinator assesses whether the complaint is suitable for Alternative Resolution and may seek to determine if the Respondent is also willing to engage in Alternative Resolution.
If Formal Resolution is preferred, the Title IX Coordinator will review a Formal Complaint as described in these procedures.

When a report of an allegation of Prohibited Conduct is received, the Title IX Coordinator will offer to meet with the Complainant, if available, and coordinate the university’s response. If the Complainant does not allege any violation of this Policy; if other resolution options are appropriate; or if a Complainant does not want to pursue further action or does not respond, then the report will not move forward under this Policy unless circumstances dictate the university must act. These instances will be considered on a case-by-case basis, and the Complainant will be informed when the university may take action. The university reserves the right to pursue its own investigation when it has reason to believe the Respondent is an imminent threat to the health and safety of the Complainant and/or the university community. The Complainant is not obligated to participate in an investigation pursued by the university.

Consolidation of Formal Complaints

The University reserves the right to consolidate formal complaints into one formal resolution process as to allegations of Prohibited Conduct against more than one Respondent, by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of Prohibited Conduct arise out of the same facts or circumstances.

Mandatory and Discretionary Dismissal of Title IX Sexual Harassment Formal Complaints

The University, through the Title IX Coordinator, may dismiss the formal complaint for one of the following:

Mandatory Dismissal – The University shall dismiss a formal complaint, or any allegations therein, when the alleged conduct:

Does not constitute sexual harassment under Title IX;
Did not occur in the University’s education program or activity;
Did not occur against a person in the United States; or
The Complainant was not participating in or attempting to participate in a University education program or activity at the time the formal complaint was filed.

Discretionary Dismissal – The University may dismiss the formal complaint, or any allegations therein, when:

Complainant withdraws the formal complaint in writing to the Title IX Coordinator;
Respondent is no longer enrolled or employed by the University; or
Circumstances prevent the University from gathering sufficient evidence to reach a determination.

Once the university has determined that the formal complaint will be dismissed, a written notice of dismissal is sent to the Complainant, Respondent, and their advisors, detailing the reason for dismissal, and if applicable, any other policies that may be pursued. If a formal complaint is dismissed pursuant to the Title IX Process and Procedures, it may still be pursued through the Non-Title IX Process and Procedures or any other university Policy, as applicable. The Complainant and Respondent have the right to appeal any dismissal of Title IX Prohibited Conduct procedures.

For detailed information on the Appeal process, please see the Appeals section.

Students

Reports of prohibited sexual harassment allegedly perpetuated by a student that alleges behavior outside of the scope of the definition of Title IX or Non-Title IX Sexual Harassment will be addressed through the Student Code of Conduct.

Faculty and Staff

Reports of sex and/or gender-based discrimination allegedly perpetuated by faculty that allege behavior outside the scope of the definition of Title IX or Non-Title IX Sexual Harassment will be addressed through the Discrimination and Harassment Procedures.

When reports outside the scope of the definition of Title IX are made involving an individual with multiple roles at the University (i.e. combination of faculty, staff, or student), the Title IX Coordinator will determine which policy and process apply in conjunction with the Associate Vice President for Human Resources and communicate the decision with the appropriate parties.

Notice of Allegation(s) and Investigation

The Title IX Coordinator will provide written Notice of the Investigation and Allegations (the NOIA) to the Parties upon commencement of the Formal Resolution Process.

The NOIA will include:

The identity of the parties involved (if known)
The misconduct being alleged
The date and location of the alleged incident(s) (if known)
The specific policies implicated
A statement that the University presumes the Respondent is not responsible for the reported misconduct unless and until a preponderance of the evidence supports a determination of a Policy violation
A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity during the review and comment period to inspect and review all directly related and relevant evidence obtained
A statement about the university’s Policy on retaliation
Information about the confidentiality of the process
Information on the right for each party to have an Advisor of their choice who may, but is not required to, be an attorney
A statement informing the parties that the university Policy prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process
The name(s) of the Investigator(s), along with a process to identify to the Title IX Coordinator, in advance of the interview process, any conflict of interest that the Investigator(s) may have
Information about the importance of preserving any evidence that is directly related to the allegations

Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of any allegation.

Notice will be made in writing and may be simultaneously delivered by email to the parties’ Elon-issued email accounts. (Non-students and non-employees may be contacted via email on file with the university).

Investigation

The university will appoint an investigator to conduct a prompt, fair, and impartial investigation. Investigations regarding potential violations of Prohibited Conduct under this Policy are expected to be completed in a timely fashion, however, investigations (or other processes under this Policy) may take longer in some circumstances, including but not limited to the complexity of the case, the number of parties involved, the availability and cooperation of parties and witnesses, the university calendar, or instances where the university investigation may compromise a law enforcement investigation. Complainants and Respondents will be notified of any extensions of time or change in timelines throughout the processes in this Policy. (Note: The university may delay its investigation to allow evidence collection by law enforcement, however, this Policy and the procedures herein are separate and distinct from any criminal investigation or legal proceeding.)

The university will assign a trained Investigator free from bias or conflicts of interest to provide for an adequate, reliable, and impartial investigation of the Formal Complaint. Assigned Investigator(s) may be university employees or external professionals. The Parties will be afforded the opportunity to raise concerns about the bias or conflict of interest of the Investigator before the investigation begins.

As part of the investigation process, the burden is on the university (and not any Party) to conduct an investigation that gathers sufficient evidence to determine whether the Prohibited Conduct occurred. The role of the Investigator is to gather relevant information or evidence, including through interviews of parties and witnesses and the collection of other data and documentation, including information obtained directly from the Parties and witnesses or otherwise obtained from public and other resources. In most cases, the Investigator will first seek to interview each Party to obtain their account of the facts and circumstances surrounding the Complaint. The Investigator may request information from the Parties or witnesses about additional witnesses who have not already participated in the process, their location, and how to contact them.

The Parties are afforded an equal opportunity to suggest questions to be asked of the other party, to suggest fact witnesses with relevant information, and to provide other inculpatory (evidence that demonstrates responsibility) and exculpatory evidence (evidence that demonstrates non-responsibility) that are relevant to the allegations and not otherwise impermissible. Questions are relevant when they seek evidence that may aid in showing whether the alleged Prohibited Conduct occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged Prohibited Conduct occurred.

When expertise on a topic is needed to achieve a fuller understanding of the issues under investigation, the Investigator may consult medical, forensic, technological, or other experts. Relevant information obtained through those efforts will be shared with the Parties.

At the end of the investigation, the Investigator will provide the parties and their respective Advisors (if so desired by the parties) an opportunity to inspect and review the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the Hearing Officer/Decision Maker may not intend to rely in reaching a determination. The parties’ will be provided ten (10) business-day review and comment period after which they should submit their responses to the Investigator.

At the end of the ten (10) business day comment and review period, the Investigator will determine whether any further investigation is warranted and incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report. The Investigator will include any relevant feedback and share the final report with all parties, their Advisors, and the Hearing Officer/Decision Maker through secure electronic transmission at least ten (10) business days prior to a hearing.

Respondent Withdrawal or Decision Not to Participate in an Investigation

If the Respondent chooses not to participate in any resolution process under this Policy, the Respondent will still be informed of any alleged violation of this Policy, that an investigation will be conducted, and that the resolution process will continue. The university may also elect to continue with its resolution process even if the Respondent elects to or has withdrawn from the university.

Interviews with Parties and Witnesses

The Investigator, in consultation with the Title IX Coordinator, has discretion to assess the relevancy of any proposed witnesses, evidence, and questions, and determine which interviews to conduct, including the discretion to conduct interviews of individuals not identified by the parties. Interviews will typically take place via videoconferencing

Witnesses (as distinguished from the parties) who are employees of the university are strongly encouraged to cooperate with and participate in the investigation and resolution procedures. Student witnesses and witnesses from outside the University community are encouraged to cooperate with the university investigations and to share what they know about the alleged conduct.

Interview Recording

The Investigator(s) may elect to record any interview and will make the person being interviewed aware of the recording. No unauthorized audio or video recording of any kind is permitted during investigation meetings.

Impermissible Evidence that Must be Excluded

Certain types of evidence (and questions seeking that evidence), are impermissible and will not be considered by the university.

Such evidence and information will not be accessed or considered, (except by the university to determine

whether one of the exceptions listed below applies); will not be disclosed; and will not otherwise be used:

Evidence that is protected under a privilege recognized by federal or state law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the university obtains that party’s or witness’s voluntary, written consent for use in its grievance process; and
Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The existence of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

Investigation Reports and Hearing Procedures for Title IX Sexual Harassment

Draft Investigation Reports

The University strives to complete investigations within 90 (ninety) to 120 business days. The Investigator will compile a Draft Investigation Report and distribute it to the parties, their advisors (if so desired), and the Hearing Officer in secured electronic format. The Complainant and Respondent will have an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the Hearing Officer does not intend to rely in reaching a determination, for a ten (10) business-day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten (10) days. The parties’ responses (if any) will be provided to the other party for final review and comment.

Final Investigation Reports

After the review and comment period, the Investigator will provide a Final Investigation report including the parties’ final responses (if any) to the Complainant, Respondent, and Hearing Officer.

Hearing for Allegations of Title IX Sexual Harassment Prohibited Conduct

A Hearing Officer will conduct a live recorded hearing utilizing video conferencing for each party and the witnesses in accordance with University Hearing Procedures. No party, advisor, or witnesses will be in-person in front of the Hearing Officer. Any party participating in the hearing is required to be present on the video conference via video and audio.

Prior to the hearing, the Hearing Officer will review the Investigation Report. During the hearing, the Hearing Officer may ask questions of the parties and witnesses. The Hearing Officer will then permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including questions that challenge credibility. The Hearing Officer may have additional questions for each party prior to deliberation.

Only relevant questions may be asked to a party or witness. Before a party or witness answers a question, the Hearing Officer will determine if the question is relevant and explain the decision to exclude any irrelevant question. The following questions are not relevant:

Questions about a Complainant’s sexual predisposition or prior sexual behavior, unless they are offered to prove that someone other than the Respondent committed the alleged conduct or concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent; and
Questions that seek the disclosure of information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

Parties and witnesses are strongly encouraged to participate in the hearing to allow the Hearing Officer the opportunity to fully evaluate and weigh all relevant evidence. If a party or witness chooses not to participate in the hearing or answer relevant questions during cross-examination, the Hearing Officer may still consider statements and evidence provided by that party or witness during the investigation and/or hearing that the Hearing Officer deems relevant and reliable. The Hearing Officer may not draw any inference about the determination of responsibility solely from the absence of a party or a witness from the hearing, or their refusal to answer any cross-examination or other question.

The Hearing Officer is responsible for making a determination regarding responsibility and, if appropriate, sanctions and remedies. The decision will be communicated simultaneously to the parties through a Notice of Determination, as described more fully below.

The university will maintain either a recording or a transcript of the hearing and, upon request, will make it available to the parties for inspection and review as part of any appeal.

Investigation Reports for Non-Title IX Sexual Harassment

Final Investigation Reports

The university strives to complete investigations within 90 (ninety) to 120 business days. The Investigator will compile a Final Investigation Report and distribute it to the parties, their advisors (if so desired), and the Decision Maker in secured electronic format. The Complainant and Respondent will have an opportunity to inspect and review the Final Investigative Report (including exhibits), for a ten (10) business-day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten (10) days. The parties’ responses (if any) will be provided to the other party for final review and comment for ten (10) business days. The final responses will be provided to the Complainant, Respondent, and the appointed Decision Maker charged with making a determination about whether the policy has been violated.

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2025-2026 Sexual Harassment Policy