Versions Compared

Key

  • This line was added.
  • This line was removed.
  • Formatting was changed.

...

  1. The reporter will receive an automatic confirmation email within two (2) business days which will contain, but not be limited to, available support and resources, and inform the reporter that a member of the Bias/Hate Incident Response Panel (“B/HIRP”) will be reaching out via email, provided their contact information is available, to schedule an intake meeting.
  2. Within three (3) business days, a member of B/HIRP will contact the reporter.
    1. Reporter is also the Complainant
      1. When the report is submitted by the individual who is targeted, they will be identified as the “Complainant.”
      2. The B/HIRP panel member will contact the Complainant to seek additional information regarding the incident including offering the  Complainant an opportunity to provide evidence and identify witnesses, ensuring that they are aware of support and resources offered by the University, and scheduling a time to meet with the targeted person or group.
    2. Reports on Behalf of Another
      1. When a report has been submitted on behalf of another, the B/HIRP panel member will:
        1. Contact the reporter to seek additional information regarding the incident, ensure that they are aware of support and resources offered by the University, and schedule a time to meet with the reporter.
        2. Within five (5) business days following the meeting with the reporter, the panelists will contact the targeted person or group to seek additional information regarding the incident including, offering the Complainant an opportunity to provide evidence and identify witnesses, ensuring that they are aware of support and resources offered by the University, and scheduling a time to meet with the targeted person or group.
    3. Anonymous Reports
      1. Should the report be submitted anonymously, the B/HIRP panel member will investigate the matter with the information that has been provided.
      2. If the investigation does yield information that identifies a Complainant or Respondent, within five (5) business days, the panelists will contact the targeted person or group to seek additional information regarding the incident including, offering the Complainant an opportunity to provide evidence and identify witnesses, ensuring that they are aware of support and resources offered by the University, and scheduling a time to meet with the targeted person or group.
      3. If the investigation does not yield any information that identifies a Complainant or Respondent, the B/HIRP panel will decide whether remedies should be offered to the community. These may include, but are not limited to, general campus notification, notification to specific community members (e.g., a residence hall), educational programming offerings, review of policies and procedures, etc.
  3. Within five (5) business days after the intake meeting with the Complainant, the B/HIRP panelist will convene the other members of the panel. The 3-person panel will:
    1. Review the information from the report and any subsequent materials and/or information.
    2. The panel will conduct an initial assessment of the information provided in the report to consider whether the alleged conduct, assuming all reported facts as true and if substantiated by a preponderance of the evidence, could constitute prohibited conduct under the policy. If this standard is not met, within two (2) business days the panel will notify the Complainant that the alleged behavior does not violate policy and will not be adjudicated through this process. An appeal of this decision must be filed within three (3) business days as identified in the outcome letter and in accordance with the process outlined in Section VII.B. below.
    3. If a simple majority of panelists decides that the alleged behavior may violate University Policy, and the Respondent is a student, the panel will inform the Complainant within two (2) business days of its decision. The Complainant will have five (5) business days to decide and notify the B/HIRP in writing if they wish to remedy the alleged conduct through Supportive Measures, an Alternative Resolution, or a Formal Review. In instances of an Alternative Resolution, both the Complainant and the Respondent must agree to enter this process voluntarily. The University reserves the right to respond independently, or differently, from the requests of the Complainant.  Pathways for remedies include:
      1. Supportive Measures - Supportive Measures are non-disciplinary and non-punitive individualized services offered as appropriate, and as reasonably available. Supportive Measures are designed to restore or preserve equal access to the University’s programs or activities without unreasonably burdening the other party, eliminate the prohibited conduct and prevent its recurrence. Supportive Measures may include, but are not limited to, academic support, change of residence hall room, mutual no contact orders, counseling support, extended time for academic work, etc.
        1. There may, or may not, be a meeting with the Respondent based upon circumstances presented to the panel.
        2. The incident will remain notated only in the Complainant’s record.
        3. Within five (5) business days of the receipt of the Complainant's decision for Supportive Measures to the B/HIRP panel, the Complainant will be notified of the instituted measures.
      2. Alternative Resolution - This process may include either a Facilitated Discussion or Informal Resolution, as voluntarily agreed to by both the Complainant and the Respondent.
        1. Facilitated Discussion - A discussion is facilitated by members of the B/HIRP panel between the Complainant and the Respondent to highlight the impact and harm of the behavior. The discussion will be scheduled and completed within 15 business days of receipt of Complainant’s email to the B/HIRP panel notifying the panel that Complainant would like to proceed with this remedy, pending the panel’s approval of such request.
          1. The Complainant and the Respondent will be sent a summary notice of the outcome, highlighting the completion of the Facilitated Discussion.
          2. The incident will be closed. Should the behavior continue, or any new behavior that violates the Policy occur, a new incident report must be filed.
          3. There is no option for an appeal from a Facilitated Discussion.
        2. Informal Resolution - Informal Resolution is an alternative to a Formal Review designed to eliminate the conduct at issue, prevent its recurrence, and remedy its effects in a manner that meets the expressed preference of the Complainant and the safety and welfare of the campus community. It consists of a voluntary meeting involving the Complainant and the Respondent resulting in mutually agreed upon remedies to the behavior, generally designed to allow a Respondent to acknowledge harm and accept responsibility for repairing harm (to the extent possible experienced by the Complainant and/or University Community). An Informal Resolution can be requested at any time prior to a determination of responsibility in a Formal Review. The Informal Resolution process is voluntary for all parties and is neither an admission of responsibility nor viewed as a finding against the Respondent. Either party can end the Informal Resolution process at any time prior to signing a resolution agreement, and proceed with a Formal Review.
          1. Both the Complainant and the Respondent will convene with the panel.
          2. The Respondent will acknowledge harm and accept responsibility for the impact on the Complainant.
          3. A signed resolution agreement, sent to both parties, which may include timelines and/or deadlines, will serve as the binding document and notice of outcome. There is no option for an appeal, and no ability to take this same matter to a Formal Review.
          4. Failure of any Party to comply with the signed Informal Resolution agreement will be sent through the Student Conduct process for further review and adjudication.
          5. Should the informal process cease, information learned through the Informal Resolution will only be used in a Formal Review process if gathered through the formal investigative process.
          6. The time frame for completion of the Informal Resolution may vary, but the University will seek to complete the process within 60 business days of receiving the Complainant’s written request to proceed with, and the B/HIRP’s approval of, the initiation of an Informal Resolution process.
          7. There is no option to appeal  an Informal Resolution Agreement.
      3. Formal Review - During this process, the B/HIRP panel will conduct a thorough, impartial and fair investigation, determine responsibility and administer sanctions.
        1. Within two (2) business days following the Complainant's decision to request a Formal Review, the panelists will schedule an initial meeting with the Complainant and Respondent, individually, to discuss next steps regarding the investigation.
        2. Within 60 business days of B/HIRP receiving Complainant's written request for a Formal Review, a summary report of the investigation by B/HIRP will be presented to the Complainant and Respondent.
          1. Each party must provide any requested changes or additional information in writing to the panel within five (5) business days of receiving the summary report.
        3. Within 90 business days of B/HIRP receivingComplainantreceiving Complainant's written request for a Formal Review, the panel will decide, by a simple majority vote, if the alleged conduct violates University Policy utilizing the preponderance of the evidence standard. If Respondent is found responsible, sanctioning will be decided. The outcome, and sanctions if applicable, will be shared with the Complainant and the Respondent, serving as the notice of outcome. 
          1. Under federal law, a student’s sanction or discipline is part of their educational record and is protected from disclosure with certain exceptions. In those cases, this information may be released to the Complainant, but only when consistent with the requirements of federal law.
          2. Within five (5) business days of receiving the written notice of outcome, either Party may submit an appeal to the identified Appeal Officer in accordance with the process outlined in Section VII.B. below.

...