����̽̽

Complainant: The individual who experienced behavior or conduct alleged to be in violation of this Policy, irrespective of whether that individual initiated any Equal Opportunity resolution process or has otherwise chosen to participate in such a process. 

Discrimination: Adverse treatment based on an individual’s membership in a legally protected category that is sufficiently serious to unreasonably interfere with or limit an individual’s opportunity to participate in or benefit from a University program or activity, or that otherwise adversely affects a term or condition of the individual’s employment or education.  There are two types of discrimination:

• Disparate treatment refers to intentional differential treatment of an individual or group protected by federal and/or state law.
• Disparate impact refers to policies, practices, rules, or other systems that appear to be neutral, but result in a disproportionate negative impact on protected groups, if the policies or practices at issue are not related to bona fide qualifications to a position of employment or to participation in an academic program.

Harassment: A form of discrimination that encompasses an incident or incidents of verbal, written, visual, or physical communications and/or conduct based on or motivated by an individual’s membership in a legally protected category.  Harassment may include the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display or circulation of written or visual material, taunts, and negative references related to any of these protected categories.  There are two types of Harassment:

• Hostile Environment: A hostile environment exists when, evaluated from both a subjective and objective perspective, the conduct is sufficiently severe, persistent, or pervasive^[1] that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the University’s educational or employment programs and/or activities^[2]. In evaluating whether a hostile environment exists, the University will consider the totality of known circumstances, including, but not limited to:
  • The frequency, nature and severity of the conduct;
  • The parties’ ages, roles within the University’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
    • The location of the conduct and the context in which the conduct occurred;
    • Other sex-based harassment in the University’s education program or activity; or
  • The effect of the conduct on the Complainant’s mental or emotional state;
  • Whether the conduct was directed at more than one person;
  • Whether the conduct arose in the context of other discriminatory conduct;
  • Whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or University programs or activities; and
  • Whether the conduct implicates concerns related to academic freedom or protected speech. 
• Quid Pro Quo: a Latin phrase meaning “This for That”, where  submission to or rejection of unwelcome treatment based on a protected category is made, either explicitly or implicitly, a term or condition of their employment, academic standing, or participation in any University programs or activities, or is used as the basis for University decisions affecting the individual.

Legally Protected Category:  Identities or characteristics on the basis of which discrimination and harassment are prohibited by state and/or federal law, as defined in the University’s Equal Opportunity in Educational Programs and Activities and Equal Employment Opportunity/Affirmative Action Policies.

Preponderance of the Evidence: The evidentiary standard used by the University to determine whether or not a Respondent is responsible for an alleged violation of this Policy.  A preponderance of the evidence is found when the alleged actions are more likely to have occurred than not.

Recognized Group or Organization: A student, faculty or staff group, organization, or club recognized by the University as set forth in the University Group and Organization Recognition Policy.

Respondent: An individual, unit, department or recognized group or organization who has been accused of conduct violating this Policy.

Retaliation: Any adverse action taken against a person for making a good faith report of prohibited conduct, or participating or declining to participate in any proceeding, under this policy.  Acts of retaliation may include, but are not limited to, intimidation, threats, harassment, coercion, discrimination, or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy.  Retaliation does not include good faith actions lawfully pursued in response to a report of prohibited conduct.  Retaliation may be undertaken or attempted either directly or by someone acting on behalf of another.

Sexual Misconduct: An umbrella term that includes:

• Sex-Based Stalking: Engaging in a course of conduct directed at a specific person based on their sex, gender, sexual orientation, gender identity, and/or gender expression that would cause a reasonable person to (1) fear for their safety or the safety of others; or (2) suffer substantial emotional distress.^[3]  A course of conduct means two or more acts, including but not limited to acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another person, or interferes with another person’s property.  Substantial emotional distress means significant mental suffering or anguish.
• Intimate Partner Violence: Any act of violence or threatened act of violence that occurs between individuals who are or have been in a social relationship of a romantic or intimate nature^[4].  Intimate Partner Violence may include any form of prohibited conduct under this policy, including Sexual Assault, Stalking, and Sexual Exploitation, as well as acts of physical assault^[5].  For purposes of this Policy, Intimate Partner Violence does not include acts that meet the definition of domestic violence under Vermont law [15 V.S.A. § 1101(2)] that are based solely on cohabitation (e.g. roommates). 
• Sexual Assault:  A sexual act that occurs (1) without consent of the other person, or (2) by threatening or coercing the other person, or (3) by placing the other person in fear that any person will suffer imminent bodily injury.
  • Sexual Act:  Conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another.
• Sexual Exploitation:  Non-consensual use of another individual’s nudity or sexuality, other than Sexual Harassment, Sexual Assault, Intimate Partner Violence, and Sex-Based Stalking.  Examples of Sexual Exploitation include, but are not limited to, purposely or knowingly:
  • Touching the sexual or other intimate parts of a person, or causing such person to touch your sexual or other intimate parts, including intentional touching of the breasts, buttocks, groin, or genitals, whether clothed or unclothed, or intentionally touching another with any of these body parts, and making another touch you or themselves with or on any of these body parts without consent;
  • Exposing one’s genitals to another person without consent;
  • Causing the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity;
  • Engaging in voyeurism (e.g. watching or taking pictures, videos, or audio recordings of another person engaging in a sexual act, in a state of undress, or in a place and time where such person has a reasonable expectation of privacy, such as a changing room, toilet, bathroom, or shower, without the consent of all parties);
  • Disseminating, streaming, or posting images or video of private sexual activity and/or a person’s intimate parts (including breasts, buttocks, groin, or genitals) without consent, including by using a person’s likeness;
  • Compelling a person through force, fraud, or coercion to engage in a commercial sexual act (e.g. sex trafficking);
  • Possession of sexual materials that are illegal under federal or state law; 
  • Knowingly exposing another person to a sexually transmitted infection or virus without the other individual’s knowledge; 
  • Incest as defined by Vermont Law; or
  • Luring a child under 16, or a person believed to be under 16, by any means, including in-person, over the phone, or through electronic communication, to engage in a sexual act or touch the intimate part of the person or child whether clothed or unclothed.  This does NOT apply if an actor is younger than 19 and the child is at least 15 and the contact is consensual.
• Sexual Harassment: A type of Harassment, as defined above, characterized by unwelcome sexual advances, requests for sexual favors, and other unwanted verbal, written, visual, or physical conduct of a sexual nature.

Allegations of Sexual Misconduct must be evaluated consistent with the following additional definitions: 

• Coercion: Conduct, including intimidation and express or implied threats of immediate or future physical, emotional, reputational, financial, or other harm to the Complainant or others that would reasonably place an individual in fear, and that is employed to compel someone to engage in sexual activity.
• Consent: A person’s willingness to engage in a specific sexual act or form of sexual contact. 
  • Consent is an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity, in the context of all the circumstances.  Consent may be revoked or withdrawn any time.
  • Consent is specific to particular sexual activity and is absent when the activity in question exceeds the scope of consent given.  It is the responsibility of the person who wants to engage in the sexual activity to ensure that they have consent from any other person engaging in sexual activity or contact. The existence of a dating relationship or a past sexual relationship between the persons engaging in sexual activity or contact is not a sufficient basis to assume consent.
  • Consent cannot be gained by threat, force, coercion, or intimidation, or by ignoring words or actions that indicate a lack of consent or objection to the activity.  Consent cannot be gained by taking advantage of the incapacitation of another where the Respondent knows or reasonably should have known of such incapacitation.  
  • An essential element of consent is that it be freely given.  Freely given consent may not be present or possible in relationships of a sexual or intimate nature between individuals where one individual has power, supervision, or authority over another.  
  • Individuals under the age of 16 are incapable of providing consent to sexual activity under this Policy.
• Facilitation: An act taken with the purpose of aiding, promoting, or encouraging the commission of an act prohibited by this Policy by another person.
• Incapacitation:  A mental or physical state where a person is rendered temporarily or permanently incapable of making decisions for any reason or is otherwise unable to give clear consent.
  • Mental incapacitation means that a person is temporarily or permanently incapable of appreciating or controlling their conduct or understanding the nature or consequences of their conduct. Such incapacity may be the result of the influence of a controlled or intoxicating substance. 
  • Physical incapacitation means a person is unconscious, asleep, unaware, or otherwise physically unable to communicate consent and also includes physical incapacity or inability to resist unwanted sexual advances regardless of the cause for that inability.
  • Consumption of alcohol or drugs alone is insufficient to establish incapacitation. Alcohol-related incapacity results from a level of alcohol or drug ingestion that is more severe than mere impairment, being under the influence, drunkenness, or intoxication. 
  • The question of incapacitation is determined on a case-by-case basis using both objective and subjective standards and includes an analysis of the objective behaviors of the Complainant and whether the Respondent knew or reasonably should have known that they were incapacitated. Whether the Respondent knew or reasonably should have known the Complainant was incapacitated will be assessed by considering whether a sober, reasonable person in like circumstances would have believed them to be incapacitated.  Intoxication of the Respondent is not a defense.  
  • The following are some objective physical indications of incapacity: slurred speech, difficulty walking or standing, vomiting, unconsciousness and/or losing consciousness, and marked mood swings.

Student: Any person who has gained admission, registered for, enrolled in or auditing any course(s) at ����̽̽. Examples include, but are not limited to, students who are enrolled but not taking classes due to an academic break, medical leave, suspension, or other personal leave; students who were enrolled at the time of the incident; students participating in study abroad programs.

Title IX Offenses under the 2020 Final Rule: Sexual harassment (quid pro quo or hostile environment), sexual assault, intimate partner violence, sex-based stalking, and certain forms of sexual exploitation^[6] that occurred on or after August 14, 2020, in the context of a ����̽̽ educational program or activity^[7], against a person in the United States, where a Formal Complaint^[8] has been filed.

����̽̽ Reporter:           Individuals with required reporting responsibilities related to incidents of Discrimination and Harassment, including Sexual Misconduct, that involve a member of the University community (e.g. faculty, staff, student, program participant, or other affiliate), as further outlined in the ����̽̽ Reporter Operating Procedure.

^[1] For alleged incidents of sexual harassment that are considered Title IX Offenses under the 2020 Final Rule, the relevant standard is "sufficiently severe, persistent, and pervasive." (emphasis added)

^[2] For employees, harassment need not be severe or pervasive and behavior that a reasonable employee with the same protected characteristic would consider to be a petty slight or trivial inconvenience shall not constitute unlawful harassment.  See 21 VSA Sec. 495.

^[3] This definition is consistent with VAWA.

^[4] Intimate Partner Violence includes “dating violence” and “domestic violence”, as defined by VAWA.  Consistent with VAWA, the University will evaluate the existence of a romantic or intimate relationship based upon the Complainant’s statement(s) and taking into consideration the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

^[5] For purposes of this Policy, “physical assault” requires the actor to purposely, knowingly or recklessly cause bodily injury to another, where bodily injury means physical pain, illness, or any impairment of physical condition, including strangulation.

^[6]Title IX Offenses include ����̽̽-prohibited conduct that meets the definition of “sex offenses” under the Federal Bureau of Investigation Uniform Crime Reporting System, which may or may not be captured by ����̽̽’s definitions of sexual assault. Specifically, the UCR’s definition of sex offenses includes “rape,” “sodomy,” “sexual assault with an object,” “fondling,” “incest,” and “statutory rape” as defined therein. See Federal Bureau of Investigation, Criminal Justice Information Services, Uniform Crime Reporting (UCR) Program, National Incident-Based Reporting System. Reported conduct that meets any of these federal definitions will be resolved under the Title IX Offense process.

^[7]Pursuant to the U.S. Department of Education’s 2020 Title IX Final Rule, an educational program or activity includes “locations, events, or circumstances over which the school exercised substantial control over both the respondent and the context in which the sexual harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution (such as a fraternity or sorority house).”

^[8]A document filed by a Complainant who is currently participating in or attempting to participate in the education program or activity of the University, or is otherwise signed by the Title IX Coordinator, alleging a Title IX Offense against a Respondent and requesting that the Office of Equal Opportunity investigate the allegation.

The University’s Office of Equal Opportunity is charged with monitoring the University’s compliance with anti-discrimination laws and regulations; ensuring appropriate education and training for employees, students, and all individuals engaged in resolving allegations of discrimination and harassment, as well as retaliation; coordinating the University’s support services and resolution procedures for all disclosures under this Policy; and ensuring appropriate actions to eliminate incidents of discrimination and harassment, prevent recurrence, and remedy their effects.  The University Title IX Coordinator addresses reports of sex-based harassment and discrimination, including sexual harassment and misconduct, while the Office of Equal Opportunity Director addresses reports of discrimination and harassment based on other protected categories. Additionally, the University has also designated Deputy Coordinators who may assist in the discharge of these responsibilities.

Staff members in the Office of Equal Opportunity are available to provide general information about harassment and discrimination support services and resolution procedures upon request.  However, if an individual wishes to discuss a specific incident confidentially without pursuing institutional resolution processes, that individual should directly contact:

����̽̽ Counseling & Psychiatry Services (confidential: (802) 656-3340

*For after-hours assistance, select voicemail #2.

Student Health Center (confidential): (802) 656-3350

Employee Assistance Program (confidential): (802) 864-3276

The University also has excellent working relationships with several community agencies that are available to provide confidential counseling and support free of charge, as listed in the Additional Reporting Contacts and Resources section of this Policy. 

For comprehensive information on accessing University and community-based resources specific to sexual harassment and misconduct incidents, including emergency and on-going assistance; the importance of preserving evidence; health, mental health, and victim-advocacy services; and the University’s prevention, education, and training initiatives please visit ����̽̽’s Sexual Conduct and Education web site at /equal-opportunity/title-9-sexual-misconduct.

The University will offer reasonable and appropriate support measures to Complainants, Respondents, and third parties that are designed to protect individual and community safety and facilitate continued access to University employment or education programs and activities as related to concerns of discrimination and discriminatory harassment.  Support measures are provided without fee or charge and may not unreasonably burden a complainant or respondent. They are not punitive or disciplinary.  With respect to third parties, the Office of Equal Opportunity will take into account the role of the third party and the nature of any contractual relationship with the University.

Support measures are available regardless of whether an Equal Opportunity resolution process is pursued under this Policy.  Support measures, which may be temporary or permanent, may include issuance of no-contact directives, residence modifications, academic modifications and support, work schedule modifications, safety planning, and Transportation and Parking Services modifications. In limited cases, interim administrative action, such as interim suspension and pre-disciplinary leave (with or without pay) may also be considered in accordance with standard University processes. 

The University will maintain the privacy of any support measures provided under this Policy to the extent practicable and will promptly address any violation of support measures. 

Please contact the Office of Equal Opportunity Support Coordinator, as listed above, for assistance with obtaining support measures.

If a Complainant, Respondent, or third party requests a specific support measure from Equal Opportunity and it is not granted, the party may appeal that decision in writing to the Director of the Office of Equal Opportunity, or designee.  The appeal can be based on one of three grounds - procedural irregularity that would change the outcome; new evidence that would change the outcome and that was not reasonably available before; and bias or conflict of interest. The Director will issue a written decision on the appeal within 7 calendar days of receipt of the appeal. If a support measure is modified or terminated, the party may also appeal that decision in writing to the Director under the same grounds and the Director will issue a written decision on the appeal within 7 calendar days.

Individuals may contact the Office of Equal Opportunity directly to make a disclosure and learn about University-based options for support and resolution:

In Person:                428 Waterman Building

By Phone:               (802) 656-3368

By Email:                 TitleIX@uvm.edu or Title9@uvm.edu

Online:                     

If such a disclosure is made to a ����̽̽ Reporter, necessitating a report to the Office of Equal Opportunity, the Complainant will be provided written information about the University’s resolution processes by the Office of Equal Opportunity and be invited to meet with a Support Coordinator or other Office of Equal Opportunity staff member for support and to discuss their options.

In the event that ����̽̽ receives actual notice and adequate documentation of the facts and outcome of an external judicial proceeding (criminal or civil) in which an individual subject to this policy has been found guilty of, or responsible for, conduct that may violate this Policy, the matter will be reviewed by the Office of Equal Opportunity in consultation with the appropriate University offices.  The University will implement any action deemed appropriate following that review.

For those cases that may also constitute violations of criminal law, the Office of Equal Opportunity will inform the Complainant of their option to pursue a criminal investigation and can facilitate contact with ����̽̽ Police Services to initiate such an investigation.  Individuals may also contact ����̽̽ Police Services directly at (802) 656-3473 or by completing a “Report a Crime Form".  In these cases, Complainants may pursue a criminal investigation and a University resolution, only one process, or neither.

Note, except in cases of emergency or an imminent or continuing threat of harm, the University must respect the decision of an individual not to report an incident to law enforcement, unless otherwise required by law.^[1]

^[1] Vermont law requires that certain professionals report to the Vermont Department for Children and Families (DCF) any incident arising as to which there is reasonable cause to believe a minor has been sexually abused or neglected. In addition, to protect optimally the safety of minors who are participating in University programs and activities, the University requires any employee who has reasonable cause to believe that a minor participating in such program or activity has been abused or neglected to report the concern promptly to DCF and ����̽̽ Police Services. You need not have proof that abuse or neglect has occurred. Any uncertainty in deciding whether to report suspected abuse or neglect should be resolved in favor of making a good faith report.  Please see the Minors; Reporting Abuse or Neglect of and Crime University Operating Procedure.

DCF Child Abuse Hotline: 1-800-649-5285 ����̽̽ Police Services: (802) 656-3473

Vermont law further requires that certain professionals listed in 33 V.S.A. § 6903 report within 48 hours to the Vermont Department of Disability, Aging, and Independent Living any incident arising as to which there is reasonable cause to believe a vulnerable adult has been abused or neglected by calling the Abuse Reporting Hotline at 1-800-564-1612.  In addition, to protect optimally the safety of vulnerable adults who are participating in University programs and activities, the University requires any employee who has reasonable cause to believe that a vulnerable adult participating in such program or activity has been abused or neglected to report the concern promptly to the Department of Disability, Aging, and Independent Living and ����̽̽ Police Services. You need not have proof that abuse or neglect has occurred. Any uncertainty in deciding whether to report suspected abuse or neglect should be resolved in favor of making a good faith report.  Please see the Vulnerable Adults; Reporting Abuse, Neglect or Exploitation of, and Crimes University Operating Procedure.

Abuse Hotline: 1-800-564-1612                   ����̽̽ Police Services: (802) 656-3473

Call 9-1-1 immediately if a crime or other emergency is in progress, or if there is an imminent or continuing threat of harm to persons or property.  

In all other cases, upon receipt of information that an incident of discrimination or harassment, including sexual misconduct, occurred involving members of the University community^[1], the ����̽̽ Reporter MUST:

1. Make the individual with whom they are in contact aware of their option to report the incident to local law enforcement (����̽̽ Police Services: 284 East Avenue; (802) 656-3473) and that ����̽̽ makes confidential and non-confidential resources available to the campus community that may be helpful to individuals who have experienced or witnessed discriminatory or harassing behavior.  Information on confidential and non-confidential resources is set out in the Contacts section of this Policy.
2. Immediately complete a  or send an email to TitleIX@uvm.edu with all information the individual knows, including names of the reporting party, alleged Respondent, subject of the conduct, and witnesses, if known, location, and description of the conduct; and
3. if the conduct reported may constitute a Clery Act crime, as defined in the Campus Safety and Security: Clery Act Policy, regardless of whether a member of the University community was involved.

The name of the alleged victim(s) should not be included unless:

• Disclosure is required by law or University policy (e.g. abuse or neglect of minors or vulnerable adults);
• The incident presents an “imminent or continuing threat of harm”^[2]; or
• The ����̽̽ Reporter is given permission to do so.

Individuals who are not ����̽̽ Reporters are strongly urged to notify the Office of Equal Opportunity when they receive information that incidents of discrimination or harassment prohibited by this Policy have occurred.

^[1] ����̽̽ Reporters must also report information about any incident of sexual assault, stalking, intimate partner violence, and/or sexual exploitation that occurred on University property or property owned or controlled by the University, regardless of whether members of the University community are involved. Those obligations are detailed in the ����̽̽ Reporter Operating Procedure.

^[2] The University presumes as a matter of policy that incidents of intimate partner violence and stalking constitute a continuing threat of harm to the targeted individual, thereby requiring notification of ����̽̽ Police Services, including names of the individuals involved, to maximize both personal and campus safety, unless such notification by the ����̽̽ Reporter is constrained by law (e.g. doctor-patient confidentiality).

With respect to any disclosures made under this Policy, the University cannot guarantee confidentiality, but will make all reasonable efforts to protect the privacy of all involved, in accordance with applicable state and federal law, while balancing the need to gather information to assess the report and to take steps to eliminate any discrimination or harassment, prevent its recurrence, and remedy its effects.

Privacy and confidentiality have distinct meanings under this Policy:

Privacy: Privacy means that information related to a disclosure of discrimination or harassment will be shared with a limited circle of University Employees who “need to know” in order to assist in the provision of appropriate support, as well as the assessment and resolution, if applicable, of the report.  All Employees who are involved in the University’s response to disclosures of conduct prohibited by this Policy receive training and guidance about sharing and safeguarding private information in accordance with state and federal law.  

Further, both parties and witnesses have reasonable expectations of privacy in the resolution of matters subject to this Policy. It is anticipated and expected that the parties to a resolution process will observe the same standard of strict privacy, which is in their mutual best interest.  Failure to maintain the privacy of information may, in some circumstances, be regarded as retaliation under applicable ����̽̽ policy and itself subject the violator to disciplinary action.

Confidentiality: Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers, and those who provide administrative services related to the provision of medical and clinical care, mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Vermont law when a disclosure is made to them while serving in that capacity.  Collectively, these individuals are referred to as “Confidential Employees.”  When information is shared by an individual with a Confidential Employee, or a community professional with the same legal protections, the Confidential Employee cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information, or they have been provided permission by the individual that disclosed the information.  In any event, if disclosure is required as described above, the Confidential Employee will notify the individual they are working with.  Information about confidential support services is listed below, under "Other Campus and Community Resources."

If a Complainant does not want to participate in a resolution process, or expresses a desire to the Office of Equal Opportunity for their identity not to be shared (e.g. remain anonymous), the University reserves the right to take appropriate action as may be necessary to protect the safety of both parties and the campus community, as further described in the Handling and Resolving Discrimination, Harassment, and Sexual Misconduct Complaints Involving Student Respondents – Interim Procedure, the Resolution Procedures for Title IX Offenses involving Student Respondents under 2020 Final Rule, the Handling and Resolving Discrimination, Harassment, and Sexual Misconduct Complaints involving Employee Respondents – Interim Procedure, as applicable.

The decision as to whether the University will take appropriate action under these circumstances ultimately rests with the Office of Equal Opportunity Director or Title IX Coordinator as dictated by their areas of oversight.  In the event this request cannot be honored, the Office of Equal Opportunity will contact the Complainant about this decision.

• Handling and Resolving Discrimination, Harassment, and Sexual Misconduct Complaints involving Employee Respondents – Interim
• Handling and Resolving Discrimination, Harassment, and Sexual Misconduct Complaints Involving Student Respondents - Interim 
• Hearing Procedures for Title IX Offenses Involving Employee Respondents
• Resolution Procedures for Title IX Offenses involving Student Respondents under 2020 Final Rule - Interim

All resolution processes are guided by the principles of fairness and respect for Complainants and Respondents.  This includes a presumption of good faith reporting and a presumption of non-responsibility; adequate, reliable, and impartial resolution of complaints; an equal opportunity to present witnesses and other evidence, including the ability to present questions to be asked of the other party and witnesses if an investigative resolution is pursued; the ability to participate, or not, without inference; accompaniment of parties by an Office of Equal Opportunity Process Advisor^[1] of their choosing; impartial process personnel free from conflicts of interest; and an equal opportunity for appeal at relevant points.

Where a Respondent is both a Student and an Employee, (a) the Student-Respondent procedures will apply if the Respondent is a full-time Student but not a full-time Employee, (b) the Employee-Respondent Procedures will apply if the Respondent is a full-time Employee but not a full-time Student, or (c) the Office of Equal Opportunity Director will determine which of the procedures applies based on the relevant facts and circumstances, such as which role predominates and the role most applicable in the incident.  However, irrespective of which procedures apply in such cases, either or both of the outcomes applicable to Students or Employees can be imposed.  

Where a Respondent is subject to this policy but is not a Student or Employee, the Equal Opportunity Director and/or Title IX Coordinator will have discretion to determine which resolution procedures may apply, or whether other forms of institutional response are appropriate to identify and remedy any reported violation of this policy, consistent with applicable law.

If the Respondent is a Non-Affiliate:

In cases where the Respondent is not affiliated with the University through admission, academic enrollment, employment, contract, or other programmatic participation (“non-affiliate”), the University’s ability to take direct action against that individual may be limited.  However, the University is committed to conducting an inquiry into the alleged conduct and taking steps to provide appropriate remedies and support.

If the Complainant is a Non-Affiliate:

To the extent that an individual not affiliated with the University through admission, academic enrollment, employment, contract, or other programmatic participation (“non-affiliate") discloses to the Office of Equal Opportunity that they have experienced acts of Discrimination or Harassment by a University affiliate, and the University determines that it has jurisdiction to initiate a resolution process under this Policy, the non-affiliate will be provided notice of the final outcome of any resultant process, in accordance with federal law.

^[1] As defined in the Handling and Resolving Discrimination, Harassment, and Sexual Misconduct Complaints Operating Procedure.

Records of disclosures and resolutions, including investigation reports, disciplinary records and alternative resolution agreements (collectively "conduct records"), for cases involving student respondents are maintained by the Office of Equal Opportunity.  Records of dismissal from the University are permanent.  When a student receives an outcome of suspension, their records will be sealed upon the earlier of either graduation or four consecutive years of absence from the University.  Records of all other outcomes imposed under this Policy will be sealed upon the earlier of either the student's graduation or two consecutive years of absence from the University.

Records of disclosures and resolutions, including investigation reports, disciplinary records and alternative resolution agreements for cases involving employee respondents are maintained by the Office of Equal Opportunity.  Disciplinary records of the same are maintained in accordance with the terms of applicable University practices, policies, and collective bargaining agreements, as detailed at Human Resources Handbooks.

The Office of Equal Opportunity Director will regularly assess, in light of all disclosures, whether the imposition of community interventions or remedies (“community remedies”) may be appropriate to address the effects of alleged conduct, or patterns of alleged conduct, on the larger University community.  Potential community remedies include targeted or broad-based educational programming or training, and indirect action by the Office of Equal Opportunity Director or a department, unit, or college.  Remedies are separate from outcomes imposed on a Respondent and may occur irrespective of whether an investigation or alternative resolution takes place or whether a Respondent has been found to have violated University policy.  Community remedies are designed to maximize the campus community’s access to all employment, educational, and extracurricular opportunities and benefits and to eliminate a potential hostile environment.

Training/education related to this policy is as follows: