IMPORTANT INFORMATION

REGARDING SEXUAL HARASSMENT, SEXUAL MISCONDUCT (INCLUDING SEXUAL ASSAULT), DATING VIOLENCE, DOMESTIC VIOLENCE & STALKING

 

INTRODUCTION

Sexual harassment, which includes sexual misconduct and sexual assault, is a form of sex discrimination which is prohibited under Title IX of the Education Amendments of 1972.   Dating violence, domestic violence and stalking could also be considered forms of sex discrimination. Because of the seriousness of these offenses, the University has adopted specific policies and procedures outlined on this webpage to address alleged violations of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking by Notre Dame students outside of an employment setting.
 
Table of Contents is available (on a separate page) as a quick reference.
 

REPORTING OPTIONS 

Students are provided different options both on and off-campus for reporting sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking.  See the section titled How To Report Sexual Misconduct, Sexual Assault, Dating Violence, Domestic Violence and Stalking for information about how to report an incident. 
 

ADMINISTRATIVE CONTACTS

The Office of Student Affairs has designated a Deputy Title IX Coordinator and his/her designees to handle alleged violations of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking by Notre Dame students:
Deputy Title IX Coordinator
Office of Student Affairs
316 Main Building
University of Notre Dame
Notre Dame, IN 46556
574-631-7728
DepTitleIXCoordinator@nd.edu
 
The University has designated the Director of its Office of Institutional Equity to handle all inquiries regarding its efforts to comply with and carry out its responsibilities under Title IX. The Title IX Coordinator may be contacted as follows:
Title IX Coordinator
Director, Office of Institutional Equity
100 Grace Hall
University of Notre Dame
Notre Dame, IN 46556
574-631-0444
equity@nd.edu
 

EDUCATION PROGRAMS

The University will provide a variety of education programs designed to promote the awareness of sexual assault (including but not limited to rape and acquaintance rape), domestic violence, dating violence, and stalking for all incoming students and new employees.  Additionally, the University will also coordinate ongoing prevention and awareness campaigns for students and employees.  For more information about the education programs offered by the University, please see the bottom of this page.
 

TIMELY WARNING TO CAMPUS

In an effort to provide timely notice to the Notre Dame community, and in the event of a serious crime against people that occurs on campus, where it is determined that the incident may pose a serious, ongoing threat to members of the Notre Dame community, a mass email Crime Alert is sent to all students and employees on campus and is posted on the Notre Dame Security Police (NDSP) website. Crime alerts are also posted by NDSP in the residence halls and various other buildings on campus, and are typically posted in the lobby/entrance area of the building(s) for seven days. Updates to the Notre Dame community about any particular case resulting in a Crime Alert may be distributed via email, may be posted on the Notre Dame Security Police website or may be shared with The Observer for a follow-up story.  Crime Alerts and any updates will be drafted and disseminated in a way that protects the confidentiality of complainants and victims. Such alerts and updates shall not include identifying information about the complainant or victim in any publicly-available recordkeeping to the extent permitted by law.

PROMPT, FAIR, AND IMPARTIAL INVESTIGATION AND RESOLUTION

The University processes to address allegations of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking provide a prompt, fair, and impartial investigation and resolution of such allegations and will be conducted by University officials who receive annual training on issues related to sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking and on how to conduct an investigation and resolution process that protects the safety of complainants and promotes accountability.  
 
For the purposes of the Sexual Harassment, Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking policies and procedures described on this webpage, the alleged victim shall be referred to as the “complainant.”  A student alleged to have violated a University policy shall be referred to as the "respondent." 
 

APPLICABLE UNIVERSITY POLICIES

This section contains applicable policies and procedures to address incidents involving:

 

SEXUAL HARASSMENT

Sexual harassment of any kind is inconsistent with the University’s values and incompatible with the safe, healthy environment that the Notre Dame community expects. The determination of what constitutes sexual harassment will vary with the particular circumstances, but may be described generally as unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when such conduct has the purpose or effect of unreasonably interfering with an individual’s performance, creating an intimidating, hostile, or offensive University environment, or limiting participation in University activities.
 
Students seeking information regarding discrimination or harassment by faculty or staff, or who wish to report discrimination or harassment they experienced in a University employment setting, should consult the Office of Institutional Equity at 574-631-0444 or equity.nd.edu.  Students may also submit a report online at: speakup.nd.edu.
 
SEXUAL HARASSMENT GRIEVANCE PROCEDURES
Students who believe they are victims of sexual harassment by another student may have the option of proceeding informally or formally.  The student may find informal resolution particularly appropriate if the conduct is isolated and of the following nature: sexual innuendo; display or distribution of drawings, pictures or other materials with a sexual content; sexual or “dirty” jokes; or comments with sexual content. Please note that the formal resolution process is available for harassment of any nature, and that these examples are not intended to discourage use of the formal resolution process. 
 
Informal resolution is not an option for complaints involving sexual misconduct or sexual assault, including sexual or inappropriate touching of any kind.  For information on how to formally report sexual misconduct, sexual assault, dating violence, domestic violence and stalking please refer to the Reporting and Response Procedures for Complaints of Sexual Misconduct, Sexual Assault, Dating Violence, Domestic Violence and Stalking.  
 
Sexual Harassment Informal Resolution
If a student chooses to proceed informally, the student can report the harassment to an administrator, residence hall rector (or the Office of Housing for students who reside off-campus), or academic Dean who has the authority to end the harassment, and specify that they wish to proceed informally.  The person receiving the report should consult with their supervisor or with the Deputy Title IX Coordinator throughout the informal resolution process.
 
 If the matter is resolved informally to the satisfaction of the reporting party, the person to whom the report was initially made will send a written summary of the matter to the Deputy Title IX Coordinator.  The purpose of this summary is twofold: (1) to ensure that the University is aware of repeat incidents by the same harasser and (2) for record-keeping purposes so that the University can gauge the effectiveness of its anti-harassment policy and programs. This summary will be kept in a separate sexual harassment file and will be consulted for the two purposes set forth in this paragraph.
 
If the matter is not resolved informally to the satisfaction of the reporting party, the student can submit a request for formal resolution.  This request must be submitted in writing to the Deputy Title IX Coordinator within ten (10) calendar days of the informal resolution.   
 
Sexual Harassment Formal Resolution 
If a student chooses to proceed formally, the procedures outlined in the Reporting and Response Procedures for Complaints of Sexual Misconduct, Sexual Assault, Dating Violence, Domestic Violence and Stalking will be followed.  
 

SEXUAL MISCONDUCT (INCLUDING SEXUAL ASSAULT)

Sexual misconduct of any kind, including sexual assault, is inconsistent with the University’s values and incompatible with the safe, healthy environment that the Notre Dame community expects. All members of this community share responsibility for creating and maintaining an environment which promotes the safety and dignity of each individual. The most egregious form of sexual misconduct is sexual assault, which is an affront to justice that will not be tolerated at Notre Dame. Federal law views sexual misconduct and sexual assault as forms of sexual harassment prohibited under Title IX.  Sexual assault also violates state law as well as University policy. Students found responsible for sexual misconduct or sexual assault will ordinarily face Conduct Process Outcomes up to and including dismissal from the University.
 
The University believes that no person should bear the effects of sexual misconduct or sexual assault alone.  When such conduct occurs, the University’s paramount concern is for the safety, health and well-being of those impacted.  To support and assist students, the University provides a wide range of services and resources.  Please see the Resources for Medical, Counseling and Pastoral Care or the Committee on Sexual Assault Prevention to learn more about these resources. 
 
Sexual Misconduct Offenses
Sexual misconduct offenses that are prohibited are:
  • Non-consensual sexual intercourse, which is any sexual intercourse by any person upon another without consent. It includes oral, anal and vaginal penetration, to any degree, with any object. This offense is referred to as “sexual assault.”
  • Non-consensual sexual contact, which is any sexual touching with any object, by any person upon another, without consent. Sexual touching is contact of a sexual nature, however slight.
  • Other forms of sexual misconduct include, but are not limited to:
    • Indecent Exposure
    • Sexual exhibitionism
    • Sex-based cyber-harassment
    • Prostitution or the solicitation of a prostitute
    • Peeping or other voyeurism
    • Going beyond the boundaries of consent, e.g., by allowing others to view consensual sex or the non-consensual video or audiotaping of sexual activity.
Information about Consent, Intoxication and Incapacitation
Consent means informed, freely given agreement, communicated by clearly understandable words or actions, to participate in each form of sexual activity. Consent cannot be inferred from silence, passivity, or lack of active resistance.  A current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. By definition, there is no consent when there is a threat of force or violence or any other form of coercion or intimidation, physical or psychological.  A person who is the object of sexual aggression is not required to physically or otherwise resist the aggressor; the lack of informed, freely given consent to sexual contact constitutes sexual misconduct. There is no consent when the individual in question is under the legal age of consent. The legal age of consent in Indiana is 16. 
 
Intoxication is not an excuse for failure to obtain consent. 
 
An incapacitated person is incapable of giving consent.  A person is incapacitated if that person is in a physical or mental state such that he or she lacks the ability to make a knowing and deliberate choice to engage in the sexual interaction.  For the purposes of this policy, a person who is asleep or unconscious is incapacitated, without exception.  A person may also become incapacitated due to other factors, which may include the use of alcohol and/or drugs to such a degree that the person no longer has the ability to make a knowing or deliberate choice to engage in the sexual interaction.  When the question of whether the complainant was incapacitated is at issue, the perspective of a sober, reasonable person in the position of the respondent will be the basis for determining whether the respondent should have known that the complainant was incapacitated and thus incapable of giving consent.  
 
Information about how to report sexual misconduct (including sexual assault) and what procedures will be followed can be found in the Reporting and Response Procedures for Complaints of Sexual Misconduct, Sexual Assault, Dating Violence, Domestic Violence and Stalking below.
 

DATING VIOLENCE

Dating violence is defined as physical violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and the existence of such a relationship shall be determined based on factors such as the length and type of relationship, and frequency of interaction between the persons involved.

Information about how to report dating violence and what procedures will be followed can be found in the Reporting and Response Procedures for Complaints of Sexual Misconduct, Sexual Assault, Dating Violence, Domestic Violence and Stalking below.


DOMESTIC VIOLENCE

Domestic violence is defined as physical violence committed by a current or former spouse of the victim, by a person with whom the victim has a child in common, by a person who is cohabiting or has cohabitated with the victim as if a spouse (as determined under applicable law), or by any other person against an adult or youth victim who is protected from that person’s acts by applicable domestic or family violence laws.

Information about how to report domestic violence and what procedures will be followed can be found in the Reporting and Response Procedures for Complaints of Sexual Misconduct, Sexual Assault, Dating Violence, Domestic Violence and Stalking below.


STALKING

Stalking is defined as knowingly or intentionally engaging in a course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. 
 
Information about how to report stalking and what procedures will be followed can be found in the Reporting and Response Procedures for Complaints of Sexual Misconduct, Sexual Assault, Dating Violence, Domestic Violence and Stalking below.
 
 

REPORTING AND RESPONSE PROCEDURES FOR COMPLAINTS OF SEXUAL MISCONDUCT, SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING  

 

PRIVACY AND CONFIDENTIALITY

 

Confidential Resources 

If a student wishes the details of an incident to be kept confidential, she or he can speak with counselors at the University Counseling Center, health providers, or off-campus rape crisis resources, such as S-O-S, the rape crisis center for St. Joseph County.  Within Campus Ministry, priests, deacons, and religious sisters and brothers will also honor a student’s request for confidentiality.  These individuals will honor confidentiality unless there is an imminent danger to the student or to others.   In addition, a student’s disclosure during the sacrament of confession will not be revealed by the priest for any reason, which is a sacred obligation protected by law.
 

Parameters of Privacy and Confidentiality 

In all instances and to the extent possible, the University will protect the privacy of all parties to a report of sexual misconduct, sexual assault, dating violence, domestic violence and stalking.  That said, under federal law, campus officials (with the exception of those listed under Confidential Resources, above) who receive a report of sexual misconduct, sexual assault, dating violence, domestic violence and stalking, whether from the student involved or a third party, must share that information with the appropriate University authorities for investigation and follow-up.  
 

RESOURCES FOR MEDICAL, COUNSELING AND PASTORAL CARE 

It is especially important for students who have been sexually assaulted or subjected to sexual  misconduct, dating violence, domestic violence and stalking that involve physical contact to seek immediate and appropriate medical treatment.  Such treatment is also important to preserve evidence as may be necessary to the proof of sexual assault, sexual misconduct, sexual assault, dating violence, domestic violence and/or stalking or in obtaining an order of protection.  University Health Services is open 24 hours a day during the academic year and is equipped to provide confidential and professional medical care.  University Health Services (UHS) can be reached in Saint Liam Hall, 574-631-7567 (24 hours).  While the UHS staff is unable to perform procedures related to the collection of evidence for the purposes of pursuing criminal prosecution, they can provide assistance and support when a student requests or requires transportation to the hospital.  St. Joseph’s Regional Medical Center has a specially trained sexual assault team available 24 hours a day, seven days a week; Memorial Hospital also offers these services.  Under Indiana law, the tests and procedures at the hospital are free of charge if treatment is sought within 96 hours of the assault.  Emergency Room staff may ask if the student wishes to speak to the police; this decision is up to the student.
 
The University Counseling Center (UCC) is staffed by trained professionals who can provide specialized support and assistance to students who have been sexually assaulted or have been affected by sexual misconduct, dating violence, domestic violence or stalking.  Current students may seek counseling at any time, whether it is days, months or years after the incident.  The confidential services of the UCC are available to the student who was assaulted and her or his friends who may need support in assisting the student.  The UCC can be reached at 574-631-7336 (24 hours); in addition, a Walk-In Crisis Service is available in Saint Liam Hall, Monday-Friday, 9 a.m. – 5 p.m. For further information, go to ucc.nd.edu.
 
The Family Justice Center of St. Joseph County is a collaboration of civil, legal, medical, and social services which supports individuals affected by domestic violence. The Family Justice Center can be reached by calling 574-234-6900 and their office is located at 533 North Niles Avenue in South Bend. 
 
One service of the Family Justice Center is S-O-S,  the rape-crisis center for St. Joseph County.  S-O-S is staffed by trained professionals and volunteer advocates who are available 24 hours a day. The staff can provide confidential counseling and recovery services, as well as support and information about communication with the police, family and friends.  S-O-S Volunteer Advocates provide emotional support and information on the phone and in person at area hospital Emergency Departments around the clock. Specially trained professionals offer confidential counseling, group therapy, information, and referrals. The S-O-S Advocate acts as a liaison between the student and the legal process, and can accompany them to court, if desired. The 24-hour telephone number for the Rape Crisis Center is 574-289-4357.
 
Within Campus Ministry, priests, deacons, and religious sisters and brothers will also honor a student’s request for confidentiality. These individuals will honor confidentiality unless there is an imminent danger to the student or to others. In addition, a student’s disclosure during the sacrament of confession will not be revealed by the priest for any reason, which is a sacred obligation protected by law. Campus Ministry can be reached at 574-631-7800 or at campusministry.nd.edu.  
 
The on-campus resources listed above are available to all Notre Dame students including respondents and witnesses in sexual misconduct, sexual assault and  dating violence, domestic violence and stalking incidents.
 
For more information about resources, please visit the University’s Committee on Sexual Assault Prevention (CSAP) at csap.nd.edu.

CONSIDERATIONS TO ENCOURAGE REPORTING AN INCIDENT 

The following information is provided by the University to encourage students to report incidents of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking.

University Response to Reports 

Upon receipt of a report of alleged sexual misconduct, sexual assault, dating violence, domestic violence and stalking in which the respondent is a current Notre Dame student, the following steps will be taken:
 
1)  No Contact Orders and  Other Interim Measures  
The Deputy Title IX Coordinator or his/her designee shall issue no contact orders to the complainant and respondent.  In addition, the University reserves the right to take other immediate steps to protect complainants pending the final outcome of an investigation, including alternative academic arrangements, adjustments to extracurricular activities or work schedules, transportation, housing and dining arrangements, and other interim measures.  The goal of any adjustment will be to minimize the burden on the complainant’s educational program.  Where appropriate, to the extent that a student’s requests are reasonable and can be adjusted, every effort will be made to do so. Adjustments will be administered by the Deputy Title IX Coordinator or his/her designee.
 
2)  Assignment of a Resource Coordinator  
Whenever the University receives a report of sexual misconduct, sexual assault, dating violence, domestic violence and stalking, the Deputy Title IX Coordinator or his/her designee will refer the complainant and respondent to separate Resource Coordinators (RC).  RCs are trained Notre Dame faculty or administrators, who serve as resource persons to the complainant and respondent to identify, explain and navigate the reporting options and the available support services.  This can include referrals to counseling, educational support, pastoral care, and medical treatment, and information about University and legal processes.  The RC can also provide guidance about the process for requesting the interim measures outlined above.  
 

Non-Retaliation  

The University strongly encourages students to report any incident of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking.  Notre Dame takes such reports very seriously. Any actual or threatened retaliation or any act of intimidation to prevent or otherwise obstruct the reporting of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking or the participation in proceedings relating to the incident by a respondent or third party is itself prohibited and will result in a referral to the University Conduct Process.  A complainant or witness who is threatened in any way should immediately report these concerns to their assigned Resource Coordinator (RC) or to Notre Dame Security Police by calling 574-631-5555.  The University's complete Non-Retaliation Policy is referenced in du Lac: A Guide to Student Life.
 

Other Potential Policy Violations 

At times, students are hesitant to report the occurrence of sexual misconduct, sexual assault, dating violence, domestic violence and stalking to University officials because they are concerned that they themselves, or witnesses to the misconduct, may be found responsible for other policy violations, e.g, parietals or alcohol violations.  These behaviors are not condoned by the University, but the importance of dealing with alleged sexual misconduct, sexual assault, dating violence, domestic violence and/or stalking outweighs the University’s interest in addressing lesser violations.  Accordingly, in these cases, the University will not refer a student to the University Conduct Process for a student who makes a complaint of sexual misconduct, sexual assault, dating violence, domestic violence and/or stalking in connection with the reporting of that incident, or students named as witnesses to the incident.
 
 

HOW TO REPORT SEXUAL MISCONDUCT, SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING 

Students are strongly encouraged to report incidents of sexual misconduct, sexual assault, dating violence, domestic violence and stalking.  Students may choose any or all of the following reporting options:
  • Notre Dame Security Police (NDSP) is available 24 hours a day, 7 days a week by calling 574-631-5555.  Students may also call 911 in an emergency. If the incident occurred on Notre Dame property, NDSP, a duly authorized police agency in the state of Indiana, is the appropriate agency with which to file a report. Off-campus incidents will likely fall in the jurisdiction of the South Bend, St. Joseph County or Mishawaka police departments. NDSP can assist with contacting the appropriate agency.  Although encouraged, students are not required to notify NDSP or other law enforcement authorities.    
  • The University’s Deputy Title IX Coordinator is available by calling 574-631-7728 or by e-mailing DepTitleIXCoordinator@nd.edu.
  • The University offers an online incident reporting form at speakup.nd.edu.  All reports of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking involving Notre Dame students submitted through the speakup.nd.edu online reporting form will be forwarded to the University’s Deputy Title IX Coordinator.  
A student has the option to pursue a criminal complaint with the appropriate law enforcement agency, to pursue a complaint through the University Conduct Process, or to pursue both processes consecutively or concurrently. 
 
Regardless of the option chosen the University will initiate an Administrative Investigation once a complaint is received.
 
A student may not withdraw or take a leave of absence from the University after he/she has been referred to the University Conduct Process to address an alleged violation. The University reserves the right to proceed with the University Conduct Process regardless of a student’s request of a leave of absence or withdrawal from the University.  
 
Option 1:  Criminal Complaint
The University encourages students to report all incidents of sexual misconduct, sexual assault, dating violence, domestic violence and stalking to the police. 
 
Incidents of sexual misconduct, sexual assault, and/or  dating violence, domestic violence and stalking involving students that are reported to Notre Dame Security Police will also be referred to the Deputy Title IX Coordinator for follow-up and investigation (see below for information about the Administrative Investigation). Similarly, the Deputy Title IX Coordinator will follow-up where appropriate in those instances where the University has a report of an incident of sexual misconduct, sexual assault, dating violence, domestic violence and/or stalking that has been reported to another police agency.  
 
The Administrative Investigation conducted by the Deputy Title IX Coordinator or his/her designee is distinct from the criminal investigation as a result of the University’s obligation under the law to ensure that it is providing a safe environment for all students. If a complainant wishes to pursue a criminal complaint exclusively, the complainant may submit a request to temporarily defer the Administrative Investigation and/or University Conduct Process by making a formal written request to the Deputy Title IX Coordinator, which may delay the Administrative Investigation and the University’s ability to respond. The University may continue its Administrative Investigation where it has reason to believe that the alleged harasser may be an imminent threat to the safety of the complainant and/or other students.  At any time, the complainant may choose to rescind the deferral by making a formal written request to the Deputy Title IX Coordinator, electing to resume the Administrative Investigation and/or University Conduct Process.  The University will maintain documentation of the date of deferral. Information obtained through the criminal investigation may be used by the Office of Community Standards for consideration in the University Conduct Process
 
If a student pursues a criminal complaint, a member of the Office of Campus Safety will request that the St. Joseph County Prosecutor’s Office keep the University informed and immediately advise of its decision whether to prosecute the complaint.  The University will maintain documentation of the date of the request to the Prosecutor’s Office.  In cases where the Prosecutor’s Office declines prosecution, a member of the Office of Campus Safety will provide written notice to the complainant of the Prosecutor’s decision.
 
In addition to having the option of pursuing a criminal complaint, students also have the option of exploring whether they might be entitled to an order of protection, restraining order, or other similar orders issued by a criminal or civil court.  For more information about such orders, including the University’s responsibilities concerning such orders, students should contact Notre Dame Security Police
 
Option 2:  University Conduct Process
Alleged incidents of sexual misconduct, sexual assault, dating violence, domestic violence and stalking, which involve Notre Dame students, whether or not they have been reported to a police agency, should also be reported to the University to be addressed through the University Conduct Process.  
 
If a student reports an incident of sexual misconduct, sexual assault, dating violence, domestic violence and stalking to the University, the Deputy Title IX Coordinator or his/her designee will conduct an Administrative Investigation as outlined on this page.  
 
After the Administrative Investigation is completed, the Deputy Title IX Coordinator or his/her designee will review the Administrative Investigation documents to determine if the facts alleged by the complainant warrant a referral to the University Conduct Process.  
  • If the Deputy Title IX Coordinator or his/her designee determines that the facts alleged by the complainant do not constitute a violation of the Sexual Harassment, Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies, the case will be closed with no further action.
  • If the Deputy Title IX Coordinator or his/her designee determines that the facts alleged by the complainant may constitute a violation of the Sexual Harassment, Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies:
    • The complainant may elect to have the matter addressed through the University Conduct Process.
    • If the complainant does not elect to have the matter referred to the University Conduct Process the Deputy Title IX Coordinator or his/her designee, in conjunction with a tripartite board in the Office of Student Affairs, will make a determination about whether the case should be referred to the University Conduct Process, with or without the cooperation of the complainant.   

A referral to the University Conduct Process will be addressed in the Administrative Hearing for Alleged Violations of the Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies setting.

Option 3:  Simultaneous Processes

A student has the option to pursue a criminal complaint with the appropriate law enforcement agency, to pursue the University Conduct Process, or to pursue both processes consecutively or concurrently. 
 

Written Notice of Options

Students who report alleged sexual misconduct, sexual assault, dating violence, domestic violence and stalking will be provided with written notice of the above referenced options.  The University, through the Deputy Title IX Coordinator or his/her designee, must also obtain written acknowledgment from the student of his/her decision regarding which options, if any, the student wishes to pursue.
 

ADMINISTRATIVE INVESTIGATION    

The University is obligated under the law to investigate complaints, to take action to eliminate sexual harassment, sexual misconduct (including sexual assault), dating violence, domestic violence and stalking, prevent its recurrence and address its effects. An Administrative Investigation under Title IX or an Administrative Investigation of an alleged incident of dating violence, domestic violence and stalking must be initiated, although the nature and extent of an investigation will depend on the extent to which the University has enough information to reasonably determine key facts, e.g., time, date, location and names of parties involved in an alleged incident.  
 
Ordinarily, this Administrative Investigation will include a review of statements obtained from the complainant and respondent, interviews with the complainant and respondent, interviews with witnesses as appropriate and review of relevant documents, and will be conducted by the Deputy Title IX Coordinator or his/her designee. The University is obligated to conduct this investigation regardless of the complainant’s requests. 
 
In the course of the Administrative Investigation, information will be shared as necessary with people who need to know, such as investigators, witnesses, and the respondent.  Any response by the University may be hindered by the complainant’s requests for anonymity and/or inaction.
 
The complainant and respondent will be afforded opportunities to provide information and present his/her own report during the Administrative Investigation. The complainant and respondent will be asked to provide a list of possible witnesses, as well as any supporting documents (e.g., text messages, emails, social media, photographs, telephone records, etc.) that they wish to be considered through the investigation. Information submitted through the Administrative Investigation will be used in the Administrative Hearing for Alleged Violations of the Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies should the matter be referred to the University Conduct Process.  
 
The complainant and the respondent will have the opportunity to be accompanied by an advisor of their choice at their respective meetings related to the Administrative Investigation, including investigative interviews. The advisor role is non-speaking, and advisors who are disruptive during the proceedings will be required to leave.  
 
The Deputy Title IX Coordinator or his/her designee shall deal directly with the complainant and respondent, not through any third party.  A representative may not appear in the place of either the complainant or respondent.  
 
The Administrative Investigation will be conducted in a timely manner.  The University will typically complete the Administrative Investigation and, should the matter be referred to the University Conduct Process, communicate a decision (not including the Case Review Procedures) within sixty (60) calendar days of the initial report, except in extraordinary circumstances. If the Administrative Investigation [and initial decision (not including the Case Review Procedures), should the matter be referred to the University Conduct Process] cannot be completed within the sixty (60) calendar days, the Deputy Title IX Coordinator will contact the reporting party and provide a time frame in which the investigation and decision (not including the Case Review Procedures) will be completed. 
 

UNIVERSITY CONDUCT PROCESS

 

Administrative Hearing for Alleged Violations of the Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies   

The Administrative Hearing for Alleged Violations of the Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies (referred to in this section as “Administrative Hearing”) is a formal proceeding to resolve student conduct matters referred to the Office of Community Standards after an Administrative Investigation has been completed by the University (e.g. incidents involving alleged sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence and stalking).
 
If an individual chooses to proceed with the University Conduct Process following an Administrative Investigation, that individual’s role within the University Conduct Process will be that of a “complainant.”  The student who is alleged to have violated University Standards of Conduct is referred to as a "respondent." In some instances, the University may, in its discretion, choose to initiate an Administrative Hearing on its own.
 
The documents collected through the Administrative Investigation (including but not limited to applicable interview statements with the respondent, complainant, and witnesses, as well as other information such as text messages, social media, telephone records, campus building access records, etc.) will be forwarded to the Office of Community Standards along with a summary report from the investigator. This information will be used in the Administrative Hearing. 
 
The Administrative Hearing is designed to provide a prompt, fair, and impartial resolution through an equitable process for both the complainant and the respondent.  As such, both the complainant and the respondent shall be provided:
  1. a meeting with a representative from the Office of Community Standards to explain the Administrative Hearing process and periodic updates regarding the status of the process.  
  2. equivalent written notice of the date, time and location of the Administrative Hearing and the nature of the alleged policy violations to be addressed at least seven calendar days before the Administrative Hearing will be held.  The Office of Community Standards reserves the right to provide less than seven calendar days’ notice when information about an alleged violation is received after the last class day of the semester or with the approval of both the complainant and the respondent. 
  3. access to read the Administrative Investigation documents prior to the Administrative Hearing.  The Office of Community Standards shall be reasonably available for the complainant and respondent for this purpose (e.g. Monday-Friday, 8:00 a.m. – 5:00 p.m. when University offices are open).  Investigation documents may not be photocopied, photographed, recorded or duplicated.  All documents are property of the University and shall remain in the Office of Community Standards at all times.
  4. an excused absence from University obligations, including academic courses, in order to attend the Administrative Hearing.
  5. the opportunity to have a residence hall staff member to be present at the Administrative Hearing in a non-speaking role. 
  6. the opportunity to have an advisor of their choice to be present at the Administrative Hearing and any other meetings with the Office of Community Standards in addition to the residence hall staff member presence outlined above.  The advisor role is non-speaking.  Advisors will not be permitted to make comments, pass notes, or otherwise disrupt the Administrative Hearing or meetings.  Advisors who are disruptive during the Administrative Hearing may be required to leave.  Breaks will be offered during the Administrative Hearing for the complainant and respondent to confer with their respective advisors in a location outside of the room where the Administrative Hearing will be held.  
  7. the opportunity to clarify information presented through the Administrative Investigation.  
  8. the opportunity to submit questions in writing to the Hearing Panel for consideration to be asked to the respondent or complainant by the Hearing Panel.  Neither the complainant nor the respondent will be permitted to engage in direct communication with each other before, during or immediately after the Administrative Hearing.
  9. the opportunity to hear and respond to all information presented in the Administrative Hearing. All responses shall be directed only toward the Hearing Panel, not to any others present in the Administrative Hearing.
  10. the opportunity to invite witness(es) to the incident to participate in a portion of the Administrative Hearing to clarify information presented through the Administrative Investigation.
    1. "Witness to the incident” is defined as an individuals who had direct contact with at least one of the individual involved in the incident(s), before, during or after the incident(s) occurred. 
    2. The respondent and/or complainant must notify the Office of Community Standards at least five (5) calendar days before the scheduled date of the Administrative Hearing of any witnesses they wish to invite.  
    3. If the witness did not participate in the Administrative Investigation, they will be required to submit a written description of the incident no later than three (3) calendar days before the scheduled date of the Administrative Hearing.  This document will be made available to the complainant and the respondent no later than two (2) calendar days before the scheduled date of the Administrative Hearing.  
    4. The Office of Community Standards will notify the witnesses of their scheduled time for their participation in the Administrative Hearing.  The Office of Community Standards will provide an excused absence from University obligations in order for witnesses to attend the Administrative Hearing.
    5. Character witnesses are not permitted.
    6. A complete list of any witness(es) invited to the Administrative Hearing will be communicated to the complainant and respondent at least two (2) calendar days before the scheduled date of the Administrative Hearing.
    7. The complainant and respondent may submit questions in writing to the Hearing Panel for consideration to be asked to the witnesses by the Hearing Panel.  
  11. the opportunity to submit a request for Case Review upon the notification of the outcome of the Administrative Hearing as prescribed by the University’s Conduct Case Review Procedures.
In addition to the procedures outlined above, the following protocol applies to Administrative Hearings.
  1. The complainant will have the opportunity to be present throughout the entire Administrative Hearing.  The complainant will be provided options for reasonable alternative arrangements if he or she does not want to be present in the same room as the respondent during the Administrative Hearing.
  2. Should the respondent or complainant fail to attend the scheduled Administrative Hearing, the Administrative Hearing will proceed and a decision will be made in his or her absence. 
  3. A respondent may not withdraw or take a leave of absence from the University after he/she has been referred to the University Conduct Process. The University reserves the right to proceed with the University Conduct Process regardless of a student’s request of a leave of absence or withdrawal from the University.  
  4. The Office of Community Standards and University Conduct Officers shall deal directly with the respondent and complainant, not through any third party.  A representative may not appear in the place of a respondent or complainant.
  5. Administrative Hearings are closed to all but the respondent, complainant, witnesses, residence hall staff, advisors, and the Hearing Panel. The University reserves the right to permit a staff member from the University’s Office of General Counsel to participate as an observer. 
  6. Administrative Hearings will be audio recorded by the Office of Community Standards. Administrative Hearings may not be recorded by anyone other than the Office of Community Standards.  The audio recording may be listened to by the complainant and/or respondent during the Case Review period should a request for Case Review be filed.  The audio recording may not be recorded or duplicated.  The audio recording is property of the University and shall remain in the Office of Community Standards at all times.  The recording will be preserved for at least one year after the conclusion of the University Conduct Process or as long as necessary to provide evidence should the matter be referred to legal processes.  The Office of Community Standards will exercise reasonable care to minimize technical issues with the recording; however, technical issues that result in no recording or an inaudible recording are not considered a procedural defect for the purposes of the Conduct Case Review Procedures
  7. During the Administrative Hearing, information shared regarding any party’s past sexual conduct will ordinarily not be permitted, except in those instances where there was a prior sexual relationship between the parties and the information shared may be relevant to the issue of consent.
  8. The Hearing Panel shall not make a decision about a finding of responsibility until after the Administrative Hearing process is complete.
  9. Decisions regarding a student’s responsibility – or lack thereof – for a violation of policy will be based upon careful consideration of all available information presented and evaluated using a preponderance of the evidence standard (i.e. if it is “more likely than not” that the policy was violated).
  10. If the respondent is found responsible for the conduct alleged in the complaint, his or her past sexual misconduct, if any, may be considered in determining the appropriate outcome.
  11. An Administrative Hearing may result in the imposition of any Conduct Process Outcomes, including temporary dismissal or permanent dismissal.  See the Conduct Process Outcomes (separate page in du Lac: A Guide to Student Life) for a full list of outcomes.
  12. The results of Administrative Hearings are documented and may be used to establish a student’s conduct history at the University.
  13. The complainant and the respondent will be simultaneously informed in writing of:
    1. the outcome of the Administrative Hearing;
    2. the procedures for both parties to file a request for Case Review; and
    3. any change to the results that occurs prior to the time that such results become final; and 
    4. when the results become final.  

If the complainant is deceased as a result of the crime or offense, the next of kin shall be informed in writing of the outcome of the Administrative Hearing upon written request. 

 

Conduct Process Outcomes

A listing of Conduct Process Outcomes can be found on a separate page in du Lac: A Guide to Student Life.

 


Conduct Case Review Procedures

Students found in violation of University regulations by the Office of Community Standards and/or its designee(s) through the University Conduct Process shall be provided the opportunity to seek a Case Review. Third parties may not file Case Reviews on behalf of a student.  Written requests for a Case Review must be submitted by the student via online form within seven calendar days of being informed of the original decision. Failure to submit a request for case review within the time specified will render the original decision final and conclusive.  Generally, if a Case Review is filed, the outcomes issued by the Office of Community Standards and/or its designee(s) will not become effective until the review process is complete.
 
Upon timely receipt of a request for Case Review, the student’s conduct file will be forwarded to the appropriate reviewer.  The Office of Community Standards and/or its designee(s) shall also have the opportunity to provide a written response to a request for Case Review.  This response may include any information that the Office of Community Standards and/or its designee(s) regards as relevant to the review, including any information used in making its determination.  Separate conduct Case Review routes exist for:  
  1. cases involving permanent dismissal, and 
  2. cases involving all outcomes other than permanent dismissal, including a finding of not responsible in the Administrative Hearing for Alleged Violations of the Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies

I. Conduct Cases Involving Permanent Dismissal

  1. In cases involving permanent dismissal from the University, the student has the opportunity to request a review by the Office of the President of the University. 
  2. A student may request a review of any aspect of the decision for any reason. Within seven calendar days of being informed of the decision, a student must submit a written request for Case Review via online form which describes all issues to be considered by the Office of the President or his designee. 
  3. For cases addressed through the Administrative Hearing for Alleged Violations of the Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies setting, the complainant will have an opportunity to provide a written response to the respondent’s Case Review via online form.  The complainant’s response must be submitted within seven calendar days of receipt of notice of the Case Review and supporting materials.
  4. Decisions of the Office of the President or his designee will be based on a review of the written file and are final.

II. Conduct Cases Involving Outcomes Other Than Permanent Dismissal, Including a Finding of Not Responsible in the Administrative Hearing for Alleged Violations of the Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies setting:

  1. In cases involving outcomes other than permanent dismissal, including a finding of not responsible in the Administrative Hearing for Alleged Violations of the Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies setting, the student has the opportunity to request a review by:
    1. the Conduct Case Review Board for those requests submitted from the first day of class to the last day of class in the Fall semester, and from the first day of class to the last day of class in the Spring semester.
    2. the Office of the Vice President for Student Affairs outside of those dates listed in (1.) above.
  2. The Conduct Case Review Board shall be composed of one student, one faculty member and one administrator, selected from recommendations provided by the Student Government Judicial Council President at the beginning of each academic year.  Board members will be given case review assignments on a rotating basis.
  3. Case reviews conducted by the Conduct Case Review Board or the Office of the Vice President for Student Affairs are of the written file and are based only upon the following grounds:
    1. procedural defect in the University Conduct Process which would have been substantial enough to have changed the outcome, and/or
    2. the discovery of substantive new information which was unknown or unavailable to the student at the time of the Administrative Hearing and would have had a significant effect on the outcome

      The severity of outcome is not considered a legitimate ground for a Case Review.
  4. For Case Reviews of a finding other than not responsible from an Administrative Hearing for Alleged Violations of the Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies or permanent dismissal, the respondent will have the opportunity to submit a written Case Review request via online form which may be based only upon the criteria listed above in subsection C.  In such cases, the complainant will have the opportunity to provide a written response which may be based only upon the criteria listed above in subsection C. The complainant’s response must be submitted via online form within seven calendar days of receipt of notice of the Case Review and supporting materials.
  5. For Case Reviews of a finding of not responsible in the Administrative Hearing for Alleged Violations of the Sexual Misconduct (including Sexual Assault), Dating Violence, Domestic Violence and Stalking Policies setting, the complainant will have the opportunity to submit a written Case Review request via online form which may be based only upon the criteria listed above in subsection C.  In such cases, the respondent will have the opportunity to provide a written response via online form which may be based only upon the criteria listed above in subsection C.  The respondent’s response must be submitted via online form within seven calendar days of receipt of notice of the Case Review and supporting materials. 
  6. If the appropriate reviewer determines that a procedural defect occurred in the University Conduct Process, the case may be
    1. remanded to the Office of Community Standards with specific instructions to correct the defect(s) and reconsider the case, or
    2. referred to (or retained by) the Office of the Vice President for Student Affairs for a final decision.
  7. If the appropriate reviewer determines that the review request contains substantive new information, the case shall be remanded to the Office of Community Standards for disposition.
  8. Decisions of the Conduct Case Review Board and the Office of the Vice President for Student Affairs are final.
Except in extraordinary circumstances (notice of which will be provided to the complainant and the respondent), Case Reviews will be resolved within 30 days of receipt of the initial request for review (not including responses, if applicable). 
 

EDUCATION PROGRAMS 

The University will provide the following education programs designed to promote the awareness of sexual assault (including but not limited to rape and acquaintance rape), domestic violence, dating violence, and stalking.  
PRIMARY PREVENTION AND AWARENESS PROGRAMS
The University will provide primary prevention and awareness programs for all incoming students and new employees that includes the following:
  • a statement that the University prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking and a description of the University’s policies that prohibit this conduct; 
  • the definition of consent, in reference to sexual activity;
  • the definition of domestic violence, dating violence, sexual assault, and stalking under Indiana law
  • safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; 
  • information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks;  
  • the possible sanctions or protective measures that the University may impose following a final determination of a University disciplinary procedure regarding allegations of sexual misconduct, dating violence, domestic violence and stalking;
  • the procedures that a complainant should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, as described in this booklet;
  • the procedures for University disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, as described in this booklet;
  • information about how the University will protect the confidentiality of complainants, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the complainant, to the extent permissible by law;
  • information about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for student and employee complainants both on-campus and in the community; and
  • information about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the complainant and if such accommodations are reasonably available, regardless of whether the complainant chooses to report the crime to campus police or local law enforcement.  
ONGOING PREVENTION AND AWARENESS CAMPAIGNS
The University will also provide ongoing prevention and awareness campaigns for students and employees that include the information covered in the primary prevention and awareness programs.