OIE Resolution Procedures

At a complainant’s request, and when there are no override factors present, or, if insufficient information is obtained through a preliminary inquiry to determine whether the report is within the OIE’s jurisdiction, the OIE may close a case by documenting the incident as an informational report and providing the appropriate resource referrals and support measures as applicable.

The OIE may dismiss a case upon evaluation of a report. 

When the OIE determines a report or formal complaint does not fall within the jurisdiction of the Applicable Policies, the complainant will be referred to the appropriate office(s) on campus best situated to address the reported concerns.

The OIE may refer a matter of unprofessional or inappropriate conduct that, if true, would not rise to a violation of an Applicable Policy to the appropriate disciplinary authority for consideration. OIE Procedures do not limit the authority of a disciplinary authority to initiate or impose disciplinary action as necessary, and in accordance with relevant university policies and procedures.

The OIE may determine that the most prompt and effective way to ensure compliance with an Applicable Policy to address a concern is through an informal resolution. For example, the OIE may resolve a report or formal complaint through an informal resolution when:

• The alleged conduct, even if true, would not be considered prohibited conduct under one of the Applicable Policies.
• The complainant requests OIE address the matter informally, through a Policy Education Meeting; or, through broad-based education, even when the conduct, if true, would violate the Applicable Policy and there is no other reason to override the complainant’s request.
• The complainant withdraws the complaint in writing.
• No complainant is identified but the reported behavior has the potential to create a hostile environment, and does not otherwise compromise the safety of an individual or the campus community
• OIE dismissed the formal complaint in accordance with the applicable Formal Resolution procedure.

The primary focus during an informal resolution remains the welfare of the parties and the safety of the campus community, but this process does not involve a written report or a determination as to whether the policy has been violated. This type of approach provides the university with a “remedies-based” resolution option that allows the university to tailor responses to the unique facts and circumstances of an incident, particularly in cases where there is not a broader threat to individual or campus safety. In these cases, the OIE may do one or more of the following:

• Provide interim or long-term support measures to the complainant, respondent or other parties;
• Provide a referral to other campus resolution processes and/or offices, as appropriate and based on the specific facts of the case;
• Provide targeted or broad-based educational programming or training; and/or
• Conduct a Policy Education Meeting (PEM) with the respondent to: (1) discuss the behavior as alleged and provide the respondent an opportunity to respond; (2) review prohibited conduct under the Applicable Policies; (3) identify and discuss appropriate future conduct and behavior as well as how to avoid behavior that could be interpreted as retaliatory; (4) inform the complainant of the respondent’s responses if appropriate; and (5) notify the Office of the Dean of Students or the respondent’s appointing or disciplinary authority of the allegations and responses if necessary, who will determine whether any other disciplinary action is appropriate.

The OIE retains discretion to proceed with a Formal Resolution for allegations of misconduct that, if proven true, would violate the Applicable Policy, and to maintain the safety of the parties and campus community. Additionally, the OIE will notify complainants of their ability to end the informal resolution process at any time and to commence or resume a formal resolution, if the alleged misconduct, if proven true, would warrant formal resolution.

The OIE is committed to providing a prompt, fair and impartial resolution of all complaints referred for formal resolution of incidents of alleged misconduct under the Applicable Procedures.

In all Formal Resolutions, the Respondent is provided a written Notice of Allegations (NOA), informing them of the alleged conduct. 

OIE Investigators interview the complainant(s) and the respondent(s) separately and provide each party the opportunity to be heard and to respond. Investigators are not confidential resources and nothing shared with an investigator may be considered “off the record.” Investigators also gather and review additional evidence as available including, but not limited to, conducting witness interviews and gathering documentation. Documentation can include correspondence via text messages or chats, social media posts or videos, related incident reports, and other relevant records.Witnesses may be named directly by a complainant, a respondent, or, identified by any other source of information the OIE collects about an incident.

OIE investigations are administrative in nature and are not criminal investigations. It is possible for a criminal investigation to occur simultaneously and, when applicable, any party may be asked by a law enforcement investigator or attorney to participate in that process. Participation in a criminal investigation does not prevent or otherwise inhibit participation in an OIE investigation.

If an individual has disclosed an incident of misconduct to the OIE, but wishes to maintain privacy or requests that no Formal Resolution Procedure occur or disciplinary action taken, the Director of Institutional Equity | Title IX Coordinator or designee will weigh that request against the university’s obligation to provide a safe, non-discriminatory environment for all students, faculty, and staff.

In making that determination, the Director of Institutional Equity | Title IX Coordinator or designee will consider a range of potential overriding factors that would cause the campus to address the alleged conduct, including the following:

1. The risk that the alleged perpetrator will commit additional acts of misconduct or other violence;
2. The seriousness of the alleged misconduct, including risk of repeat incident, whether the respondent threatened further misconduct or other violence against the complainant or others, whether the alleged misconduct was facilitated by the incapacitation of the complainant, or whether the respondent has been found responsible in legal or other disciplinary proceedings for acts of misconduct or other violence;
3. Whether the alleged misconduct was perpetrated with a weapon;
4. Whether the complainant is a minor;
5. Whether the university possesses means other than the complainant’s testimony to obtain relevant evidence of the alleged misconduct (e.g., security cameras, personnel records, or physical evidence); or
6. Whether the alleged misconduct reveals a pattern of perpetration at a given location or by a particular group.