IMPORTANT INFORMATION REGARDING

SEXUAL ASSAULT, SEXUAL MISCONDUCT, DATING VIOLENCE, DOMESTIC VIOLENCE, STALKING, AND CONDUCT THAT CREATES A HOSTILE ENVIRONMENT

 

INTRODUCTION

Sexual harassment, which includes sexual assault and sexual misconduct, 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 in this website to address alleged violations of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and conduct that creates a hostile environment.
 
note: A 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 assault, sexual misconduct, dating violence, domestic violence, stalking, and conduct that creates a hostile environment.  See the section titled How To Report Incidents of Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and/or Conduct that Creates a Hostile Environment 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 assault, sexual misconduct, dating violence, domestic violence and stalking, and/or conduct that creates a hostile environment 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:
Director, Office of Institutional Equity
Title IX Coordinator
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 click here.  

PROMPT, FAIR, AND IMPARTIAL INVESTIGATION AND RESOLUTION 

The University processes to address allegations of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment  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 assault, sexual misconduct, dating violence, domestic violence, stalking, and conduct that creates a hostile environment and on how to conduct an investigation and resolution process that protects the safety of complainants and promotes accountability.  

REFERENCES TO “COMPLAINANT” AND “RESPONDENT”  

For the purposes of the policies and procedures described in this website, 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


SEXUAL HARASSMENT

Sexual Harassment as defined and prohibited by the University includes sexual assault, other sexual misconduct, and the creation of a hostile environment, as described below.
  1. SEXUAL ASSAULT
    Sexual assault is any sexual intercourse by any person upon another without consent. It includes oral, anal and vaginal penetration, to any degree, with any part of the body or other object. It is also referred to as “non-consensual sexual intercourse.”

    Sexual assault is one of the most egregious forms of sexual harassment.  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 assault will ordinarily face Conduct Process Outcomes up to and including permanent dismissal from the University.  

    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 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. 

    Information about how to report sexual assault and what procedures will be followed can be found in the Reporting and Response Procedures for Incidents of Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and/or Conduct that Creates a Hostile Environment.

     

  2. OTHER SEXUAL MISCONDUCT
    Other sexual misconduct may take the form of any of the following offenses:
  3. HOSTILE ENVIRONMENT
    Conduct that creates a hostile environment includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when: 
  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or a student’s status in a course, program or activity; 
  • Submission to or rejection of such conduct is used as the basis for employment or academic decisions; or
  • Viewed from the perspective of both the individual and a reasonable person in the same situation, the conduct interferes with performance, limits participation in University activities, or creates an intimidating, hostile, or offensive University environment.

Examples of conduct that may create a hostile environment include:

  • Unwelcome sexual jokes, language, epithets, advances or propositions;
  • The display of sexually suggestive objects, pictures, magazines, posters or cartoons;
  • Comments about an individual’s body, sexual orientation, sexual prowess or sexual deficiencies;
  • Sexually suggestive, insulting or obscene comments, gestures or conduct (such as leering or whistling); 
  • Offering or implying an offer of an education- or employment-related reward, such as a favorable review, grade, assignment, promotion, or continued employment, in exchange for sexual favors; or
  • Taking or threatening to take an adverse education- or employment-related action, such as an unfavorable review, grade or assignment, because sexual conduct or advances are rejected.
Procedures to Address Conduct That Creates a Hostile Environment

Individuals who have been affected by conduct that creates a hostile environment by a Notre Dame student may have the option of proceeding with an informal or formal resolution process.  Please note that the formal resolution process (see below) is available for sexual harassment of any nature, and that the availability of the informal resolution process is not intended to discourage use of the formal resolution process.

Informal resolution is not an option for complaints involving sexual assault, non-consensual sexual contact, dating violence, domestic violence, stalking, and  other sexual misconduct offenses, including sexual or inappropriate touching of any kind.  

Informal Resolution for Conduct that Creates a Hostile Environment
If a complainant chooses to proceed with an informal resolution, the complainant should report the matter to the Deputy Title IX Coordinator to be investigated and resolved without a referral to the University Conduct Process.

If the matter is not resolved informally to the satisfaction of the complainant, the complainant can submit a written request to the Deputy Title IX Coordinator 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

Formal Resolution for Conduct that Creates a Hostile Environment
If a complainant chooses to proceed with a formal resolution, the procedures outlined in the Reporting and Response Procedures for Incidents of Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence and Stalking will be followed.

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.  Engaging in sexual activity with a person whom you know, or should reasonably know, to be incapacitated constitutes a violation.  If there is a question about whether the complainant was incapacitated, the relevant standard is whether the respondent knew, or a sober, reasonable person in the respondent’s position should have known, that the complainant was incapacitated and therefore could not consent to the sexual activity. 
 

REPORTING AND RESPONSE PROCEDURES FOR INCIDENTS OF SEXUAL ASSAULT, SEXUAL MISCONDUCT, DATING VIOLENCE, DOMESTIC VIOLENCE, STALKING, AND/OR CONDUCT THAT CREATES A HOSTILE ENVIRONMENT

 

PRIVACY AND CONFIDENTIALITY

 
Confidential Resources
If a student wishes the details of an incident to be kept confidential, the student can speak with:
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 Reconciliation (confession) will not be revealed by the priest for any reason, which is a sacred obligation protected by law.
 
Parameters of Privacy and Confidentiality for Investigations
In all instances and to the extent possible, the University will protect the privacy of all parties to a report of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment. That said, under federal law, campus officials (with the exception of those listed under Confidential Resources, above) who receive a report of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment, whether from the student involved or a third party, must share that information with the appropriate University authorities for investigation and follow-up.  
 
Parameters of  Privacy and Confidentiality Related to Crime Alerts Issued by the University
In an effort to provide timely notice to the Notre Dame community, and in the event of a serious crime that occurs on campus and poses a serious, ongoing threat to members of the Notre Dame community, a mass email Crime Alert will be sent to all students, faculty and staff on campus and is posted on the Notre Dame Security Policy website, and may also be posted in residence halls and various other buildings on campus.  Crime Alerts and any updates will be drafted and disseminated in a way that protects the confidentiality of complainants.  Such alerts and updates shall not include identifying information about the complainant in any publicly-available recordkeeping to the extent permitted by law.
 

RESOURCES FOR MEDICAL, COUNSELING AND PASTORAL CARE

The following resources are available to all Notre Dame students:
  • Medical Resources
    It is especially important for students who have been sexually assaulted or subjected to sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment that involves 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, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment in the event that the student later files criminal charges, or seeks to obtain an order of protection. 

    Students may visit University Health Services, which is open 24 hours a day during the academic year and is equipped to provide confidential and professional medical care to students.  University Health Services can be reached in Saint Liam Hall, 574-631-7497.  While the University Health Services staff are unable to perform procedures related to the collection of evidence for the purposes of pursuing criminal prosecution, they can provide medical care including wound care, testing and treatment for sexually transmitted infections, and referral and transportation to a Sexual Assault Nurse Examiner.

    The two hospitals in the South Bend area are St. Joseph Regional Medical Center and Memorial Hospital.  While both hospitals offer emergency care and evidence collection, St. Joseph has a specially trained sexual assault team available 24 hours a day, seven days a week.  Under Indiana law, the tests and procedures at the hospitals are free of charge if treatment is sought within 120 hours of the assault.  The evidence gathered in this examination will be maintained by the hospital and will not be provided to the police unless the individual reports the assault to the police.  Any decision about whether or not to talk to the police is up to the individual.
  • Counseling Resources
    Students may receive specialized support from the University Counseling Center (UCC), which is staffed by trained professionals and counselors.  Current students may seek counseling at any time, even years after the incident.  The confidential services of the UCC are available to any student who may need support or assistance.  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 (fjcsjc.org) is a collaboration of civil, legal, medical, and social services which supports individuals affected by relationship violence and sexual assault. 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.  The Family Justice Center website is www.fjcsjc.org.

    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.

    The Rape, Abuse and Incest National Network (RAINN) (rainn.org) is an anti-sexual violence organization that partners with more than 1,100 local rape crisis centers across the country.  Among its programs, RAINN has two resources available globally: (1) the National Sexual Assault Online Hotline, a secure web-based hotline that provides live and confidential help through an interface similar to instant messaging; and (2) the National Sexual Assault Hotline (800-656-HOPE), which provides free, confidential services 24 hours a day, seven days a week.  
  • Pastoral Resources
    Vowed religious (priests, deacons, and religious sisters and brothers) working within Campus Ministry and who are operating in that role are confidential resources.  

    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 Reconciliation (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.  
For more information about resources, please visit the Committee on Sexual Assault Prevention.

CONSIDERATIONS TO ENCOURAGE REPORTING AN INCIDENT

The following information is provided to encourage students to report incidents of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment to the University.  
University Response to Reports
The University’s response to reports of sexual assault, sexual misconduct, dating violence, domestic violence and stalking includes the following: 
  1. No Contact Orders Issued to the Complainant and Respondent
    The Deputy Title IX Coordinator (or designee) shall issue no contact orders to the complainant and respondent.
  2. Assignment of a Resource Coordinator
    The complainant and the respondent will be referred to separate Resource Coordinators (RCs), who are trained Notre Dame faculty or administrators who will 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 RCs can also provide guidance about the process for requesting the interim measures and relief outlined below. 
  3. Interim Measures
    The University reserves the right to take immediate steps to protect complainants through the investigation and, if applicable, a resolution through the University Conduct Process.  Interim measures may include 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 designee).

The resources and measures outlined above will be offered when a student requests a formal resolution to an incident of conduct that creates a hostile environment, and may be offered when a student requests an informal resolution to an incident of a conduct that creates a hostile environment.

Retaliation and Intimidation Prohibited
The University strongly encourages students to report any incident of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment. 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 assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment or the participation in proceedings relating to an incident by a respondent, witness, or other individual is itself prohibited and may result in a referral to the University Conduct Process.  
 
An individual who is threatened in any way should immediately report these concerns to the Deputy Title IX Coordinator (call 574-631-7728 or e-mail DepTitleIXCoordinator@nd.edu).  In addition, all members of the University community may report actual or threatened retaliation to NDSP by calling 574-631-5555.  
 
Any report of alleged retaliatory behavior related to an incident or report of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment will be investigated through an Administrative Investigation.  After the Administrative Investigation, the matter may be referred to the University Conduct Process (see Process After the Administrative Investigation).
 
The reporting party should make every effort to submit a written report to the Deputy Title IX Coordinator within thirty (30) calendar days of the alleged conduct. 
Addressing Student Concerns About Other Violations (Alcohol, Parietals, etc.)
At times, students are hesitant to report the occurrence of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment 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 addressing the alleged  sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment outweighs the University’s interest in addressing lesser violations.  Accordingly, in these cases, the University will not refer a complainant or witness to the University Conduct Process to address lesser policy violations (e.g. parietals or alcohol violations). 
 

INFORMATION TO CONSIDER ABOUT PURSUING A COMPLAINT THROUGH THE UNIVERSITY CONDUCT PROCESS AND/OR LAW ENFORCEMENT

A complainant has the option to pursue a complaint of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment through the University Conduct Process.  In addition, a complainant may also pursue a criminal complaint with an appropriate law enforcement agency.   A complainant will be provided with written notice of these options. 
Information about Pursuing a Complaint through the University Conduct Process
If an incident of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment committed by a student is reported to the University the Deputy Title IX Coordinator (or  designee) will conduct an Administrative Investigation. Typically, at the conclusion of the Administrative Investigation, the complainant may choose to pursue the matter through the University Conduct Process.  For more information, please refer to:
Information about Pursuing a Criminal Complaint through Law Enforcement
The University encourages students to report all incidents of sexual assault, sexual misconduct, dating violence, domestic violence and stalking to the police.  
 
Reports of sexual assault, sexual misconduct, dating violence, domestic violence, and/or stalking committed by 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 Administrative Investigation). Similarly, where the University received a report from another police agency, the Deputy Title IX Coordinator (or designee) and NDSP will follow-up and investigate as appropriate.  
 
The Administrative Investigation conducted by the Deputy Title IX Coordinator (or 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, 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 temporarily delay the Administrative Investigation and the University’s ability to respond.  However, the University may choose not to defer its Administrative Investigation where it has reason to believe that the respondent may be an imminent threat to the safety of the complainant and/or other members of the University community. 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 considered in the University’s Administrative Investigation and by the Office of Community Standards for consideration in the University Conduct Process
 
Where the University is aware that a student is pursuing a criminal complaint, a member of the Office of Campus Safety will request that the 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 work with the Prosecutor’s Office to notify 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 or the Family Justice Center for St. Joseph County.

HOW TO REPORT  INCIDENTS OF SEXUAL ASSAULT, SEXUAL MISCONDUCT, DATING VIOLENCE, DOMESTIC VIOLENCE, STALKING, AND/OR CONDUCT THAT CREATES A HOSTILE ENVIRONMENT

 
The University encourages students to report all incidents of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and conduct that creates a hostile environment.  Students may choose either or both of the following reporting options:
  • Reporting to the University
    The University’s Deputy Title IX Coordinator is available by calling 574-631-7728 or by e-mailing DepTitleIXCoordinator@nd.edu.  The Deputy Title IX Coordinator is available Monday-Friday, 8:00 a.m. – 5:00 p.m. during University business days.

    The University offers an online incident reporting form at: speakup.nd.edu.  All reports of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment involving Notre Dame students submitted through the speakup.nd.edu online reporting form will be forwarded to the University’s Deputy Title IX Coordinator.
  • Reporting to Law Enforcement
    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 an appropriate agency with which to file a report. On campus incidents may also be reported to the St. Joseph County Police Department (574-235-9611). For off-campus incidents, including at international locations, reports may be filed with the local law enforcement agency where the incident occurred.  In the South Bend area, the local law enforcement agencies include the South Bend, St. Joseph County, and Mishawaka police departments. Notre Dame Security Police (911 from a campus phone, or 574-631-5555 from a cell phone) can assist with contacting the appropriate agency. Although students are encouraged to notify NDSP or other law enforcement authorities, they are not required to do so.
Regardless of the reporting option chosen, the University is required to initiate an Administrative Investigation once the University receives a report regarding an incident of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment by a student.

ADMINISTRATIVE INVESTIGATION    

The University is obligated under the law to investigate complaints, to take action to eliminate sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment, prevent its recurrence, and address its effects. 
 
An Administrative Investigation 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 designee). The University is obligated to conduct this investigation regardless of the complainant’s requests. 
 
All University community members are expected to provide truthful information. If an investigation reveals that an individual has provided deliberately false information and/or made an accusation in bad faith or with a view to personal gain or intentionally harming another in connection with an incident, disciplinary action may be taken.  This provision does not apply to information provided in good faith, even if the facts alleged are not later substantiated.  
 
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 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's role is non-speaking, and advisors who are disruptive during the proceedings will be required to leave.  
 
The Deputy Title IX Coordinator (or designee) shall communicate 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. The sixty calendar day timeframe does not typically include academic break periods and may be affected by holidays or other extenuating 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 calendar days, the Deputy Title IX Coordinator (or designee) will contact the complainant and respondent and provide a time frame in which the investigation and decision (not including the Case Review Procedures) will be completed.
 
A respondent may not withdraw or take a leave of absence from the University after the University receives a report of an alleged violation of the University’s Standards of Conduct.  The University reserves the right to proceed with an Administrative Investigation and the University Conduct Process regardless of a student’s request for a withdrawal or for a leave of absence from the University.  

PROCESS AFTER THE ADMINISTRATIVE INVESTIGATION

After the Administrative Investigation is completed, the Deputy Title IX Coordinator (or 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 designee) determines that the facts alleged by the complainant do not constitute a violation of the Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and/or Hostile Environment policies, the case will be closed with no further action.  

    Should a complainant wish to request a review of the Deputy Title IX Coordinator’s decision to close the case, the complainant may submit a written request for review via online form to a Student Affairs tripartite board within three (3) calendar days of the notification from the Deputy Title IX Coordinator.  The tripartite board shall be composed of three senior members of the Office of Student Affairs or their designees.  

    The Deputy Title IX Coordinator shall have the opportunity to provide a written response to the complainant’s request.  

    The tripartite board will review the complainant’s request and the Administrative Investigation documentation to determine if the facts alleged by the complainant may constitute a violation of the Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and/or Hostile Environment policies.  

    The decision of the tripartite board is final. 

    Reviews will generally be resolved within fourteen (14) calendar days of receipt of the initial request for review.  When extenuating circumstances necessitate additional time to resolve the review, the complainant will be notified in writing.
     
  • If the Deputy Title IX Coordinator (or designee) determines that the facts alleged by the complainant may constitute a violation of the Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and/or Hostile Environment policies, the complainant may elect to have the matter addressed through the University Conduct Process.  A referral to the University Conduct Process will be addressed with an Administrative Hearing for Alleged Violations of the Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and/or Hostile Environment Policies.

    If the complainant does not elect to have the matter referred to the University Conduct Process, a Student Affairs tripartite board will make a determination about whether the case should be referred to the University Conduct Process, with or without the cooperation of the complainant.   The tripartite board shall be composed of three senior members of the Office of Student Affairs or their designees.  The tripartite board will make its decision based on a review of the Administrative Investigation report.  The tripartite board may also consider additional information, such as: the identification of a pattern of behavior involving the respondent, the seriousness of the incident, risks to the University community, etc.

    If the complainant does not elect to have the matter referred to the University Conduct Process and the Student Affairs tripartite board determines that the case will not be referred to the University Conduct Process, the complainant will be notified in writing that he/she has six (6) months (from the date of the tripartite board decision) to request that the matter be referred to the University Conduct Process.  Simultaneous notification will also be made to the respondent about the opportunity for the complainant to request the matter to be referred to the University Conduct Process within six (6) months.

UNIVERSITY CONDUCT PROCESS:  ADMINISTRATIVE HEARING FOR ALLEGED VIOLATIONS OF THE SEXUAL ASSAULT, SEXUAL MISCONDUCT, DATING VIOLENCE, DOMESTIC VIOLENCE, STALKING, AND/OR HOSTILE ENVIRONMENT POLICIES

 
The Administrative Hearing for Alleged Violations of the Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and/or Hostile Environment 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.
 
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. 
 
Procedures Provided to Both the Respondent and Complainant 
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 in person or by telephone with a representative from the Office of Community Standards to explain the Administrative Hearing process.
  2. periodic updates regarding the status of the process, upon request.
  3. 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 (7) 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.  The Office of Community Standards may also provide less than seven calendar days’ notice with the approval of both the complainant and the respondent. 
  4. access to read the Administrative Investigation documents prior to the Administrative Hearing.
    1. 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).  
    2. Investigation documents may not be photocopied, photographed, recorded or duplicated.  
    3. All documents are property of the University and shall remain in the Office of Community Standards at all times. The Office of Community Standards may provide, at its sole discretion, alternative arrangements to review documents.
    4. An individual participating as a witness at the Administrative Hearing may not be present during the review of the Administrative Investigation documents.
  5. an excused absence from University obligations, including academic courses, in order to attend the Administrative Hearing.
  6. the opportunity to have a residence hall staff member to be present at the Administrative Hearing in a non-speaking role.  A student who lives off campus may invite his/her former rector or assistant rector to attend the Administrative Hearing.
  7. 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.
    1. The advisor's role is non-speaking.  
    2. Advisors will not be permitted to make comments, pass notes, or otherwise disrupt the Administrative Hearing or meetings.  
    3. Advisors who are disruptive during the Administrative Hearing may be required to leave.  
    4. 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. The scheduling and length of all breaks will be at the discretion of the Hearing Panel.
  8. the opportunity to clarify information presented through the Administrative Investigation.
    1. If the complainant or respondent requests to submit additional documentation that was not originally presented through the Administrative Investigation (e.g. text messages, photographs, etc.), such documentation must be submitted to the Office of Community Standards at least three (3) calendar days before the Administrative Hearing.
    2. Additional documentation 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
  9. 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.
    1. Any questions asked will be at the sole discretion of the Hearing Panel.
    2. 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
  10. 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.
  11. the opportunity to invite witnesses to the incident to participate in a portion of the Administrative Hearing to clarify information presented through the Administrative Investigation.
    1. The participation of any witness is at the sole discretion of the Hearing Panel.
      1. Character witnesses are not permitted.
      2. A witness who participates in the Administrative Hearing may not also participate as a residence hall staff member (as described in section 6) or as an advisor (as described in section 7).
    2. “Witness to the incident” is defined as an individual who had direct contact with at least one of the individuals involved in the incident, before, during or after the incident occurred.
    3. The respondent and 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.
    4. If the witness did not participate in the Administrative Investigation, the witness will be required to submit a written description of their involvement in 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. 
    5. 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.
    6. A complete list of any witnesses 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.  Any questions asked will be at the sole discretion of the Hearing Panel.
  12. 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.
 
Additional Protocol for Administrative Hearings

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 for a withdrawal or for a leave of absence from the University.
  4. The Office of Community Standards and University Conduct Officers shall communicate 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 procedural defects 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 considered, 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 Dismissal with the Opportunity to Apply for Readmission or Permanent Dismissal.  See the Conduct Process Outcomes 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

If the Office of Community Standards or designee determines that a student is responsible for a violation of a University Standard of Conduct or regulation, the student shall be assigned one or more Conduct Process Outcomes.
 
Please click here to review the University's Conduct Process Outcomes.
 

CONDUCT CASE REVIEW PROCEDURES FOR RESULTS OF ADMINISTRATIVE HEARINGS

Respondents found in violation of University Standards of Conduct from an Administrative Hearing shall be provided the opportunity to request a Case Review as described below.  Likewise, complainants are provided an opportunity to request a Case Review as described below.
 
Third parties may not file Case Reviews on behalf of a complainant or respondent.  Failure to submit a request for Case Review within the time specified will render the original decision final and conclusive.  
 
Unless otherwise stated, the outcomes assigned by the Office of Community Standards and/or its designee(s) will not become effective until the Case Review process is complete.
 
Upon timely receipt of a request for Case Review, the Administrative Hearing file, including the Administrative Investigation documents, 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 a: (A.) finding of responsibility and the assignment of permanent dismissal as an outcome in an Administrative Hearing, and (B.) finding of responsibility which results in an outcome other than permanent dismissal or a finding of “not responsible” in an Administrative Hearing.
  1. Finding of responsibility and the assignment of permanent dismissal as an outcome in an Administrative Hearing
    1. The respondent has the opportunity to request a Case Review by the Office of the President of the University.

    2. The respondent may request a review of any aspect of the decision for any reason. Within seven (7) calendar days of being informed of the decision, the respondent 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 designee.

    3. The complainant will have an opportunity to provide a written response to the respondent’s request for Case Review via online form.  The complainant’s response must be submitted within seven (7) calendar days of receipt of notice of the respondent’s request for Case Review and supporting materials.

    4. Decisions of the Office of the President or designee will be based on a review of the written file and are final.
       
  2. Finding of responsibility which results in an outcome other than permanent dismissal or a finding of “not responsible” in an Administrative Hearing
    1. The respondent or complainant (as described below in 4. and 5.) 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 Monday of class before Final Exams in the Fall Semester, and from the first day of class to the last Monday of class before Final Exams in the Spring Semester.
      2. the Office of the Vice President for Student Affairs for those requests submitted outside of those dates listed in (i.) 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 requests for Case Reviews for a finding of responsibility which results in an outcome other than permanent dismissal, the respondent will have the opportunity to submit a written request for Case Review via online form which may be based only upon the criteria listed above in subsection 3.  The request must be received within seven (7) calendar days of being informed of the original decision.  For such requests, the complainant will have the opportunity to provide a written response which may be based only upon the criteria listed above in subsection 3. The complainant’s response must be submitted via online form within seven (7) calendar days of receipt of notice of the respondent’s request and supporting materials.

    5. For a finding of “not responsible” to any of the policy violations in question, the complainant will have the opportunity to submit a written request for Case Review via online form which may be based only upon the criteria listed above in subsection 3 and applies only to those policy violations for which the respondent was found “not responsible.  For such requests, 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 3.  The request must be received within seven (7) calendar days of being informed of the original decision.  The respondent’s response must be submitted via online form within seven (7) calendar days of receipt of notice of the complainant’s request 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.

Case reviews will generally be resolved within 30 days of receipt of the initial request for review (not including responses, if applicable).  When extenuating circumstances necessitate additional time to resolve the Case Review, the respondent and complainant will be notified in writing.


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 website;
  • the procedures for University disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, as described in this website;
  • 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.