Outcome Procedures for Title IX and Non-Title IX Sexual Harassment

Notice of Determination

After the Hearing Officer/Decision Maker renders a decision, the Title IX Coordinator will concurrently send the parties the Hearing Officer’s written Notice of Determination within 20 business days of the hearing or, if no hearing is held, within twenty (20) business days of the Hearing Officer/Decision Maker receiving the complete investigation file. The Title IX Coordinator may extend this timeframe for good cause.

The Notice of Determination will include the allegations, the procedural steps taken in the matter, the determination of responsibility for each potential Prohibited Conduct violation, rationale, and findings of fact to support the determination, outcomes including any disciplinary sanctions or remedies (if applicable), and procedures for appeal.

Note – Sanctions for faculty will be determined through the process outlined within the Faculty Handbook. Sanctions for staff will be determined through processes outlined within the Staff Manual.

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

Outcomes for Violations

Factors the Hearing Officer/Decision Maker may consider when determining sanctions and responsive actions include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
• The impact on the Parties
• The Respondent’s acceptance of responsibility
• Any other information deemed relevant by the Hearing Officer/Decision Maker

Sanctions

Following a determination that sexual harassment of any type occurred, the Hearing Officer will impose remedies and/or sanctions. The university reserves the right to take measures deemed necessary to protect the rights and personal safety of the Complainant and the university’s community members. Not all forms of sexual harassment are deemed equally serious offenses and, as a result, different remedies or sanctions may be imposed depending on the severity of the offense and any previous conduct violations. Individuals who are found responsible under this Policy may face sanctions as appropriate for students, employees, visitors, or others, including, but not limited to, the following sanctions. Each of these sanctions and other sanctions may be imposed alone or in combination for a Respondent found responsible for Prohibited Conduct, as defined by this Policy: 

• Required assessment, education, or training;
• Probation;
• Warning;
• Reprimand;
• Loss of privileges;
• Restitution;
• Behavioral contracts;
• Community service hours;
• Campus housing suspension, with reinstatement requirements that could include behavioral contracts, required assessment or education, demonstrated rehabilitation, and conditions upon the individual's presence on campus or at university events;
• Temporary or permanent restricted access to areas of campus, and campus events, activities, organizations, or courses;
• Conditions upon presence on campus or at university events;
• No trespass or no-contact orders;
• Removal or non-renewal of scholarships or honors;
• Suspension from the university, with reinstatement requirements that could include behavioral contracts, required assessment or education, demonstrated rehabilitation, and conditions upon the individual's presence on campus or at university events;
• Expulsion from the University;
• Temporary or permanent revocation of degree;
• Revocation of admission to the university;
• Loss of salary or benefit such as sabbatical or research or travel funding;
• Suspension of promotion and salary increases, with reinstatement requirements that could include behavioral contracts, required assessment
• Suspension or withdrawal of faculty privileges, with reinstatement requirements that could include behavioral contracts, required assessment or education, demonstrated rehabilitation, and conditions upon the individual's presence on campus or at university events;
• Suspension/Administrative Leave with Pay or Without Pay;
• Transfer or change of job or responsibilities;
• Reassignment or removal from an elected or appointed position;
• Formal censure;
• Revocation of tenure;
• Demotion; and/or
• Termination of employment.

Remedies for the Complainant (and others) are designed to restore or preserve equal access to the university’s education program or activity. Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent. Remedies, accommodations, and protective measures for the Complainant include implementing or extending supportive/interim measures, including, without limitation, the following examples:

• Cease Contact Directive
• Prohibiting an individual involved from being on university property
• Prohibiting an individual involved from participating in university-sponsored events
• Changing an individual’s on campus residency, dining, or transportation arrangements
• Special parking arrangements
• Changing an individual’s student or employee status or job responsibilities
• Changing an individual’s work or class schedule
• Providing academic accommodations or providing assistance with academic issues
• Providing work accommodations
• Providing security escorts
• Access to counseling
• Making information about orders for protection and harassment restraining orders available to a Complainant
• Assistance identifying an advocate to help secure additional resources or assistance, including off campus and community advocacy, support, and services.