Important Information

Important Information Regarding Sexual Harassment, Including Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, Conduct That Creates A Hostile Environment, and/or Discriminatory Harassment 

Note: A Table of Contents is available as a quick reference.


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 booklet to address alleged violations.

Students who engage in conduct prohibited by this document may be subject to disciplinary action, up to and including dismissal from the University. Some forms of sexual harassment may also violate state and federal laws, and criminal prosecution may occur independently of any disciplinary action taken by the University.

This document sets forth the procedures that will be used to investigate and respond to reports of sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalkingconduct that creates a hostile environment, and/or discriminatory harassment. The University will respond to reports about sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment with measures designed to eliminate the conduct, prevent its recurrence, and remedy any adverse effects of the conduct on individuals, members of the campus community, or University-related programs or activities. 

Reporting Options

Students are provided different options both on and off-campus for reporting sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment.

Administrative Contacts

The University has designated the Assistant Vice President of its Office of Institutional Equity and Title IX Coordinator to handle all inquiries regarding its efforts to comply with and carry out its responsibilities under Title IX.  This includes the handling of alleged violations of sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment by Notre Dame students.  The Title IX Coordinator may be contacted as follows:

Erin N. Oliver
Assistant Vice President, Office of Institutional Equity & Title IX Coordinator
100 Grace Hall
University of Notre Dame
Notre Dame, IN 46556
574-631-0444
titleix@nd.edu
 

You may also report to the Deputy Title IX Coordinator and Title IX Program Manager

Amber Monroe
Title IX Program Manager
305 Main Building
University of Notre Dame
Notre Dame, IN 46556
574-631-7728
titleix@nd.edu
 

Education Programs 

The University will provide a variety of education programs designed to promote the awareness of sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment 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 Education Programs section of this document.

Prompt, Fair, and Impartial Investigation and Resolution 

The University processes to address allegations of  sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment provide a prompt, fair, and impartial investigation and resolution of such allegations and will be conducted by University officials. Officials receive annual training on issues related to sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment and on how to conduct a prompt, fair, and impartial investigation and resolution process.  

References to "Complainant" and "Respondent"  

For the purposes of the policies and procedures described in this document, the individual who has been directly affected by an alleged violation is referred to as the “Complainant.”  A student alleged to have violated a University policy is referred to as the “Respondent.”  

Accountability for Student Groups

In addition to investigating and addressing behavior of individual students, the University reserves the right to investigate and hold accountable the collective behavior of student groups (student clubs, organizations, teams, residential communities, etc.).


Applicable University Policies

Information about how to report alleged violations of the following policies and what procedures will be followed can be found in the “How To Report Incidents of Sexual Harassment, Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and Sexual Conduct that Creates a Hostile Environment, and/or Discriminatory Harassment” section

The University may investigate and address alleged violations of other policies outlined in the University Standards of Conduct. The Deputy Title IX Coordinator (or designee) will notify the respondent of policies which are being investigated through the Notice of Administrative Resolution.

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 Administrative Outcomes up to and including permanent 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 Counseling, Medical, and Pastoral Care to learn more about these resources.

    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.
  2. Other Sexual Misconduct

    Other sexual misconduct may take the form of any of the following offenses:
    • Non-Consensual Sexual Contact

      Non-consensual sexual contact is any sexual touching with any part of the body or other object, by any person upon another, without consent. Sexual touching is contact of a sexual nature, however slight.
    • Dating Violence

      Dating violence is defined as physical violence or the threat of physical violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with an individual. 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.
    • Domestic Violence

      Domestic violence is defined as physical violence or the threat of physical violence committed by a current or former spouse of an individual, by a person with whom the individual has a child in common, by a person who is cohabiting or has cohabitated with the individual as if a spouse (as determined under applicable law), or by any other person against an adult or youth who is protected from that person’s acts by applicable domestic or family violence laws.
    • 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 individual to feel terrorized, frightened, intimidated, or threatened. 
    • Other Sexual Misconduct Offenses

      Other sexual misconduct offenses 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. recording, sharing or disseminating recordings, or threatening to share or disseminate recordings, of sexual activity or nudity without the consent of all parties involved)
  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:

    Examples of conduct that may create a hostile environment include:
    • 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.
       
    • 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.

Discriminatory Harassment Based on Sex or Sexual Orientation

Discriminatory Harassment includes offensive, unwelcome conduct or language that is based on an individual’s sex or sexual orientation and that would create an intimidating, hostile, offensive, or demeaning environment for a reasonable person and that actually creates such an environment for that individual.

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.


Confidential Resources and Information About Privacy

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; Responsible Employee Reporting Obligation

In all instances and to the extent possible, the University will protect the privacy of all parties to a report sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment. That said, with the exception of those Confidential Resources listed above, all University employees, including faculty and staff, are considered Responsible Employees. Responsible Employees who receive information about any suspected or potential violations of  sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment, whether from the student involved or a third party, must report the information to the University.

Responsible Employees may provide support and assistance to a Complainant, witness, or Respondent; but, Responsible Employees cannot promise confidentiality or withhold information about sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment.

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 Police 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.

Availability of Counseling, Medical, and Pastoral Care

The following resources are available to all Notre Dame students and may be of particular interest to students who have been affected by an incident:

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, 9:00 a.m. –5:00 p.m. For further information, go to ucc.nd.edu.

The Family Justice Center of St. Joseph County is a collaboration of civil, legal, and social services, which supports individuals affected by domestic and intimate partner violence, sexual assault, and stalking. The Family Justice Center can be reached by calling 574-234-6900, Monday-Friday from 8:00 am- 4:30 pm and via the Family Justice website at www.fjcsjc.org. Their office is located at 533 North Niles Avenue, South Bend, IN 46617.
 
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. 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 at the Family Justice Center offer confidential counseling, group therapy, information, and referrals. The Special Victim’s Unit Advocate can act as a liaison between the student and the legal process, and can accompany them to court, if desired. The 24-hour telephone number for S-O-S is 574-289-HELP (4357).
 
A student may call S-O-S of the Family Justice Center of St. Joseph County at 574-289-4357 and request to have an S-O-S advocate meet the student at the hospital, or the SANE at St. Joseph Regional Medical Center or nurse from Memorial Hospital can, upon request by a student, contact an advocate from the S-O-S program to meet the student at the hospital to provide support, information, resources, and referrals as appropriate. A student may request the SANE wait to perform a medical exam until an S-O-S advocate is present. The S-O-S program is a confidential resource. 

The Rape, Abuse and Incest National Network (RAINN) 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.  

Medical Resources

Students who have been injured during sexual harassment, including, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment should seek immediate and appropriate medical treatment for their injuries.  Such treatment is also important to preserve evidence that may assist in the proof of sexual harassment, 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, for confidential and professional medical care. University Health Services is located in Saint Liam Hall and can be reached at 574-631-7497.  See uhs.nd.edu for hours of operation. 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. Medical services for survivors of sexual assault can be provided by University Health Services at no cost and is strictly confidential.

Sexual Assault Nurse Examiner (SANE) can both provide medical care and preserve evidence of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment in the event that the individual later files criminal charges, or seeks to obtain an order of protection.  The two hospitals in the South Bend area are  St. Joseph Regional Medical Center and Memorial Hospital of South Bend. The SANE program of St. Joseph Regional Medical Center offers emergency care and evidence collection 24 hours a day, seven days a week. Memorial Hospital also provides these services but does not have a 24/7 program, so the availability of a sexual assault nurse examiner may be limited. Under Indiana law, the tests and procedures at the hospitals are free of charge if treatment is sought within 120 hours of the assault. Evidence gathered in this examination is maintained by the hospital and is not 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.

A student may call the S-O-S program of the Family Justice Center of St. Joseph County at 574-289-4357 and request to have an S-O-S advocate meet the student at the hospital to provide medical options regarding treatment, evidence collection, sexually transmitted disease testing and follow up care. After a student arrives at the hospital, the SANE at St. Joseph Regional Medical Center can, upon request by a student, contact an advocate from S-O-S program of the Family Justice Center of St. Joseph County to meet the student at the hospital. A student may request the SANE wait to perform a medical exam until an S-O-S advocate is present. The S-O-S program is a confidential resource.

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.  

A complete list of resources is available on the University’s Title IX/Sexual Assault website.


Considerations to Encourage Reporting an Incident

The following information is provided to encourage students to report to the University incidents of sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment.

Addressing Student Concerns About Other Violations (Alcohol, Parietals, etc.)

At times, students are hesitant to report sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment 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 sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment outweighs the University’s interest in addressing lesser violations.  Accordingly, in these cases, the University will not refer Complainants and witnesses to the University Conduct Process to address lesser policy violations (e.g. parietals or alcohol violations). 

Students who feel unsafe in a residence hall after parietals should leave the hall, regardless of the time, without concern for a parietals violation. A student will not be found responsible for a violation of the University’s undergraduate residence hall visitation (parietals) policy if the violation is related to an incident of sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment. 

Presence of an Advisor

Complainants and Respondents are provided the opportunity to consult with an advisor of their choosing. The advisor may be any person, including an attorney, who is not otherwise a party or witness involved in the investigation. The parties may be accompanied by their respective advisor at any meeting related to the investigation and resolution of a report under this policy. The advisor’s role is non-speaking, and advisors who are disruptive during the meetings, investigative interviews, and proceedings may be required to leave. While the advisor may provide support and advice to the parties before any meeting and/or proceeding and during breaks in meetings/proceedings, the advisor may not speak on behalf of the parties or otherwise participate in, or in any manner delay, disrupt, or interfere with meetings and/or proceedings. The University will not delay the scheduling of meetings, investigations, or other proceedings based on the advisor’s unavailability. 


The University will 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.

Additional provisions for advisor participation at Administrative Review Proceedings are described in the Administrative Review Proceedings section.

Assignment of a Resource Coordinator

After a report is received by the Title IX Coordinator (or designee), a Complainant will be assigned a Resource Coordinator (RC). If a report identifies the name of a Respondent and a Resolution process is initiated, a Resource Coordinator will also be assigned to the Respondent. RCs are trained Notre Dame faculty members and administrators who will serve as resource persons to the Complainant and Respondent to identify, explain, and navigate University processes and available support services. This can include referrals to counseling, educational support, pastoral care, and medical treatment, and information about University and legal processes.  

Availability of Referrals to Support Resources

After a report is received by the Title IX Coordinator (or designee), information will be shared with the complainant about a variety of resources both on and off campus based on the nature of the incident.

Interim Measures

The University offers a wide range of resources for students, whether as Complainants or Respondents, to provide support and guidance throughout the initiation, investigation and resolution of a report of sexual harassment. Upon receipt of a report, the University may take interim measures to address concerns regarding safety and well-being and to facilitate the parties’ continued access to University education programs and activities. These measures may be remedial and/or protective (designed to address a student’s safety and well-being and continued access to educational opportunities). Interim measures, which may be temporary or permanent, may include no-contact directives, changes in class or work schedules, academic modifications and support, changes in University-owned living arrangements, or any other reasonably available measures that the University deems appropriate. Interim measures are available under both Alternative and Administrative Resolution Processes, may be implemented prior to the initiation of either process. Interim measures will be administered by the Title IX Coordinator (or designee). The University will maintain the confidentiality of any interim measures provided, to the extent practicable, and will promptly address any violation of interim measures. 

Students are encouraged to report violations of interim measures as soon as possible.  For more information, see “Reporting and Response Procedures for Reports of Retaliation, Violations of No Contact Orders, and/or Violations of Terms of Interim Measures” below.

No Contact Orders

When the name of a Respondent has been identified through the reporting and/or investigative process, the Title IX Coordinator (or designee) will, where appropriate, issue No Contact Orders to both the Respondent and the Complainant.  

Unless otherwise stated in writing, a student who is issued a No Contact Order by the University may not have contact, either directly, indirectly, or through third parties, with specific individuals for a specified period of time. “Third parties” include friends, family, attorneys, and other individuals acting on behalf of a student who has been issued a No Contact Order.  “Contact” includes, but is not limited to, email, social media, instant messaging, text messaging, phone calls, voicemail, or direct visits. Unintentional contact is not considered a violation of the No Contact Order.  

Students are encouraged to report violations of No Contact Orders as soon as possible.  For more information, see “Reporting and Response Procedures for Reports of Retaliation, Violations of No Contact Orders, and/or Violations of Terms of Interim Measures” below.

No Contact Orders are separate and distinct from court-administered actions such as Protective Orders and Restraining Orders.  Questions about court-administered actions should be directed to local law enforcement.

Prohibition of Retaliation and Intimidation

The University strongly encourages students to report any incident of sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment. The University takes such reports very seriously. Any actual or threatened retaliation or any act of intimidation to prevent or otherwise obstruct the reporting and/or participation in a University response will be addressed by the University.

Students are encouraged to report concerns about retaliation as soon as possible.  For more information, see “Reporting and Response Procedures for Reports of Retaliation, Violations of No Contact Orders, and/or Violations of Terms of Interim Measures” below.

Reporting and Response Procedures for Reports of Retaliation, Violations of No Contact Orders, and/or Violations of Terms of Interim Measures

The University encourages students to report any acts of retaliation, violations of No Contact Orders, and violations of the terms of interim measures.

Students are provided the following options to report retaliation or a violation of the No Contact Order or other interim measure:

  • In case of emergency, call Notre Dame Police Department at 574-631-5555 or call 911. 
  • The University offers an online incident reporting form at speakup.nd.edu. All reports submitted through the speakup.nd.edu online reporting form will be forwarded to an appropriate University administrator to review within two (2) University business days.
  • The University’s Title IX Coordinator is available during regular business hours of University offices (Monday-Friday, 8:00 a.m. - 5:00 p.m.) by calling 574-631-0444 or 574-631-7728 or by e-mailing titleix@nd.edu.  

Upon receiving a report of any acts of retaliation, violations of No Contact Orders, and/or violations of the terms of Interim Measures, the Title IX Coordinator (or designee) will review the information to determine the appropriate means to address the alleged behavior. 

A student found responsible for violating a No Contact Order, violating an Interim Measure, or engaging in retaliation will be subject to Administrative Outcomes which may include dismissal from the University.

Information Regarding Cases That Involve Both Sexual Harassment and Personal Misconduct Allegations

Where the University receives a report of alleged Sexual Assault, Other Sexual Misconduct, and/or Hostile Environment, along with additional report(s) of alleged violations of other University Standards of Conduct typically addressed by the Office of Community Standards, the Office of Institutional Equity may investigate and resolve the additional report(s) in consultation with the Office of Community Standards.

Information to Consider about Pursuing a Complaint through the University of Notre Dame and/or Law Enforcement

A Complainant has the option to pursue a complaint of sexual harassment, including, sexual assault, sexual misconduct, dating violence, domestic violence, and stalking, conduct that creates a hostile environment and/or discriminatory harassment through the University of Notre Dame.  A Respondent may be subject to an investigation from the time he/she first attends the University until he/she graduates (or otherwise completes a University program) or is permanently dismissed. 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 upon reporting an incident to the Title IX Coordinator (or designee).

Information about Pursuing a Complaint through the University of Notre Dame

If an incident of sexual harassment, including, sexual assault, sexual misconduct, dating violence, domestic violence, and stalking, conduct that creates a hostile environment and/or discriminatory harassment committed by a student is reported to the University the Title IX Coordinator (or designee) will respond to the report.  For more information, please refer to:

Information about Pursuing a Criminal Complaint through Law Enforcement

The University encourages students to report all incidents to the police.  
 
Reports of sexual assault, sexual misconduct, dating violence, domestic violence, and/or stalking committed by students that are reported to the Notre Dame Police Department will also be referred to the Title IX Coordinator in the Office of Institutional Equity for follow-up. Similarly, where the University receives a report from another police agency, the Title IX Coordinator (or designee) and NDPD will follow-up and investigate as appropriate. 
 
The University’s Initial Assessment, Alternative Resolution, and Administrative Resolution processes are distinct from the criminal investigation. 

If a Complainant wishes to pursue a criminal complaint after reporting to the University, either party may submit a request to temporarily defer the University’s resolution processes by making a formal written request to the Title IX Coordinator, which may temporarily delay the University’s ability to respond. However, the University may choose not to defer its Administrative Resolution process where it determines a deferral would be inappropriate, taking into consideration the University’s obligation to maintain an environment free from harassment and discrimination.

At any time, the party that requested the deferral may choose to rescind the request by making a formal written request to the Title IX Coordinator, electing to resume the Administrative Resolution process. The University may initiate a deferral, without a request, based on extenuating circumstances. The University will maintain documentation of the date of deferral.

The University may not wait for the conclusion of a criminal proceeding to begin its own investigation and, if needed, will take immediate steps to provide appropriate interim measures for the Complainant.

Information obtained through the criminal investigation may be considered in the University’s Administrative Resolution process.

Where the University is aware that a student is pursuing a criminal complaint, a member of the Notre Dame Police Department 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 Notre Dame Police Department 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 Police Department or the or the Family Justice Center of St. Joseph County.


How to Report Incidents of Sexual Assault, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, Conduct that Creates a Hostile Environment, and/or Discriminatory Harassment

The University encourages students to report all incidents of sexual harassment, including, sexual assault, sexual misconduct, dating violence, domestic violence, and stalking, conduct that creates a hostile environment, and/or discriminatory harassment.  Students may choose either or both of the following reporting options:

  • Reporting to the University

    The University’s Title IX Coordinator is available by calling 574-631-0444 or 574-631-7728 or by e-mailing titleix@nd.edu. The 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 harassment, including, sexual assault, sexual misconduct, dating violence, domestic violence, and stalking, conduct that creates a hostile environment and/or discriminatory harassment involving Notre Dame students submitted through the speakup.nd.edu online reporting form will be forwarded to the University’s Title IX Coordinator (or designee) for review.

  • Reporting to Law Enforcement

    Notre Dame Police Department (NDPD) 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, NDPD, 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 Police Department (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 NDPD or other law enforcement authorities, they are not required to do so.

Regardless of the reporting option chosen, the University is obligated to respond once the University receives a report regarding an incident of sexual harassment, including, sexual assault, sexual misconduct, dating violence, domestic violence, and stalking, conduct that creates a hostile environment and/or discriminatory harassment by a student.


University's Response to Reports

Initial Assessment

After receiving a report of sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment, the Title IX Coordinator (or designee) will gather information about the reported conduct and respond to any immediate health or safety concerns.  

The Title IX Coordinator (or designee), and where appropriate a Student Affairs administrator, will also assess the nature and circumstances of the report to determine whether the reported conduct is within the scope of this policy, whether the reported conduct raises a potential policy violation, and the appropriate manner of resolution under this policy. This will include, when possible, a discussion of the Complainant’s expressed preference for manner of resolution and any barriers to proceeding (see Requests for Anonymity and/or No University Resolution Process below). It will also take into consideration the University’s obligation to maintain an environment free from harassment and discrimination.

At the conclusion of the initial assessment, the University will either: 

  • refer the report to the Alternative Resolution process;
  • refer the report to the Administrative Resolution process; 
  • refer the report to an appropriate entity to address the concerns if the conduct is not within the scope of the policy or does not raise a potential policy violation; and/or 
  • close the matter.

The Title IX Coordinator (or designee) will maintain records of all reports and resolutions.

Requests for Anonymity and/or No University Resolution Process

In the event that a Complainant requests anonymity or that a matter not be referred to the Administrative Resolution or Alternative Resolution process, the University will consider such a request. The Title IX Coordinator (or designee) will make a determination about whether the request can be granted. The decision will be based on a review of numerous factors, including, but not limited to, patterns of behavior involving the Respondent, a group of individuals and/or a specific location; threats of future sexual or other violence by the Respondent; the use of a weapon; whether the Complainant is a minor; and/or other risks to the University community. 

If the University is able to agree to a Complainant’s request that a matter not be referred to a Resolution process, the Complainant will be notified in writing that he/she has six (6) months [from the date of the decision of the Title IX Coordinator (or designee)] to request that the matter be referred to the Administrative Resolution process or Alternative Resolution process. 

If the University is able to agree to a Complainant’s request for anonymity, the University’s ability to meaningfully investigate the incident or pursue Administrative Outcomes against the alleged Respondent(s) may be limited.

In some cases, based on this review, the University may not be able to agree to the Complainant’s request in order to adhere to its obligation to provide a safe, non-discriminatory environment for all students. If the University determines that it is unable to agree to a Complainant’s request that a matter not be referred to the Administrative Resolution or Alternative Resolution process, the Complainant will be notified in writing prior to the commencement of the Administrative Resolution or Alternative Resolution process.

If the University is unable to agree to a complainant’s request for anonymity in the Administrative Resolution or Alternative Resolution process, the Title IX Coordinator will notify the Complainant in writing prior to initiating a resolution process and will, to the extent possible, only share information with people responsible for handling the University’s response.

Information about Respondent's Enrollment, Transcript, and Degree

Generally, 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 appropriate resolution process regardless of a student’s request for a withdrawal or for a leave of absence from the University. At any time, the University may place an administrative hold on the Respondent’s University academic transcript, make a transcript notification, or withhold the award of the Respondent’s degree.  In cases where the University permits a Respondent to withdraw from the University after receiving a report of an alleged violation of University policy (including while the resolution process is pending), this withdrawal may be considered permanent and the Respondent’s academic transcript may be held or noted “withdrawal pending investigation.” Even if a Respondent withdraws from the University, the Title IX Coordinator (or designee) may decide to proceed with a Resolution process. At the conclusion of a Resolution process, the Respondent’s transcript will be updated with the appropriate notation or removal of notation as prescribed by the University’s Conduct Records Reporting Policy.

Alternative Resolution Process

Alternative Resolution is a voluntary, remedies-based, and educational process that is not intended to be disciplinary in nature. The goal of Alternative Resolution is to address allegations of harmful and/or prohibited conduct, identify ways that individuals and/or the community have been impacted, and develop a resolution to address the impact and prevent future behavior.

Where an Initial Assessment concludes that Alternative Resolution may be appropriate, the University will offer individual and/or community-based remedies designed to maintain the parties’ access to the educational, extra-curricular, and employment activities at the University and to eliminate a potential hostile environment.   

After initial assessment and with approval from the Title IX Coordinator (or designee), the Complainant and the Respondent may voluntarily agree on the process that best meets the interests and needs of all. The University will not compel a student to participate in any particular form of Alternative Resolution. Participation in Alternative Resolution is voluntary, and either party can request to end Alternative Resolution at any time.  

Alternative Resolution may include, but is not limited to, one or more of the following restorative approaches:

  • Facilitated Dialogue: A structured and facilitated conversation between two or more individuals, most often the Complainant, the Respondent, and/or other community members. The focus is often on providing a space for voices to be heard and perspectives to be shared. Depending on stated interests, the participants may sometimes work towards the development of a shared agreement, although working towards an agreement is not always the intended outcome.
  • Restorative Circle or Conference Process: A facilitated interaction where the individuals who have been impacted can come together with an individual(s) who assumes responsibility for addressing the impact (to the extent possible). A circle or conference may include multiple members of the community to explore individual and community impact, harm, obligations, and opportunity for repairing them. 
  • Shuttle Negotiation or Mediation: An indirect, facilitated conversation individually with the Complainant, the Respondent, and/or other participants to discuss experiences and perspectives and explore interests while working towards meeting expressed needs. This negotiated process does not require direct interaction between the parties or the parties and other participants, but rather, independently, with a Title IX facilitator.  In some cases, such as alleged sexual assaults, mediation will not be appropriate, even on a voluntary basis. 
  • Circle of Accountability (COA): A facilitated interaction between the Respondent and University faculty and/or staff designed to provide accountability, structured support, and the development of a learning plan. The focus of a COA is to balance support and accountability for an individual who has acknowledged their obligation to address impact and willingness to engage in an educational process. 

Additional measures that may be agreed to as a result of the resolution process may include:

  • Educational programming and/or training;
  • Regular meetings with an appropriate University individual, unit, or resource;
  • Extension of a No Contact Order;
  • Restriction from participation in specific clubs and/or organizations;
  • Restriction from participation in particular events;
  • Completion of an educational plan with regular meetings with a conversation partner or other appropriate University staff or 
  • faculty member; and/or
  • Counseling sessions.

Depending on the form of Alternative Resolution chosen, it may be possible for a Complainant to maintain anonymity.

The University will seek to complete the Alternative Resolution process within sixty (60) calendar days following the decision to proceed with Alternative Resolution. In some instances, that may be the same date as the date of the report; in other instances, based on information gathered in the initial assessment, this may be at a later date. The 60 calendar-day timeframe does not typically include academic break periods and may be affected by holidays or other extenuating circumstances. The University reserves the right to reasonably modify the Alternative Resolution Process on a case-by-case basis due to the scope or complexity of the facts and circumstances at issue, or due to other extenuating circumstances. The University may extend any timeframe in this policy for good cause, including extension beyond 60 calendar days.  Any modifications will be communicated to both parties. 
 

Administrative Resolution Process

Administrative Resolution involves continued investigation and could result in disciplinary action against a Respondent  When a report is referred to the Administrative Resolution process, the Title IX Coordinator (or designee) will appoint an Investigator to conduct a prompt, thorough, fair, and impartial investigation. 

Notice of Administrative Resolution

The Title IX Coordinator (or designee) will, subject to requests for anonymity, notify the complainant and the respondent, in writing, of the following information (if known):

  • the names of the Complainant and the Respondent; 
  • the nature of the reported conduct; 
  • the reported policy violation(s);
  • the name of the Investigator;
  • the prohibition against retaliation;
  • the importance of preserving any potentially relevant evidence in any form; and
  • a copy of this policy. 

If the investigation reveals the existence of additional or different potential policy violations, the Title IX Coordinator (or designee) will issue a supplemental notice of investigation that includes this information.

Overview of Investigation

During an Administrative Resolution, the Investigator will seek to meet separately with the Complainant, Respondent, and relevant witnesses. Witnesses are individuals who may have information relevant to the incident, including individuals who may have observed the acts in question, may be able to provide contextual information, may have other information related to the incident, or related matters. Witnesses may not participate solely to speak about an individual’s character.    

The Investigator may also gather or request other relevant information or evidence, when available and appropriate. The Complainant and Respondent will be asked to identify witnesses and provide other relevant information, such as documents, communications, photographs, and other evidence. Both parties are encouraged to provide all relevant information (including witness information) as promptly as possible to facilitate prompt resolution. In the course of the investigation, information will be shared as necessary with people who need to know, such as Investigators, parties, and witnesses.

Preliminary Investigative Report

At the conclusion of the fact-gathering portion of the investigation, the Investigator will prepare a Preliminary Investigative Report that provides the Complainant and the Respondent access to information that may be used in the Final Investigative Report. The Preliminary Investigative Report will not include any findings.  The Complainant and Respondent will be provided access to review the Preliminary Investigative Report and may:

  • provide written comment or feedback;
  • submit additional information;
  • submit questions for the Investigator to consider asking the other party or witnesses; and/or 
  • identify additional witnesses 

to the University Investigator in writing. Upon receipt of additional information, the University Investigator will assess what additional investigation or follow up, if any, is needed.

The University Investigator will designate a reasonable time for this review and response by the parties, not to exceed seven (7) calendar days.  

During the course of the review: 

  • All documents are property of the University and shall remain in the Office of Institutional Equity; however, the Office of Institutional Equity may provide alternative arrangements to review documents.
  • Investigation documents may not be photocopied, photographed, recorded or duplicated.  
  • Handwritten notes are allowed; cell phones, laptops, and all other electronic/recording devices will be collected.
  • An individual participating as a witness may not be present during the review of documents.

Final Investigative Report

As soon as practicable following consideration by the University Investigator of any relevant information provided throughout the Administrative Resolution Process, the University Investigator will submit a Final Investigative Report to the Title IX Coordinator (or designee).  The Final Investigative Report will include recommended findings of fact, based on a preponderance of the evidence, but will not include any findings or recommendations about whether a violation of University policy has occurred.  The Final Investigative Report will also include the basis upon which the University Investigator reached those recommended findings of fact, including credibility assessments where appropriate.  

The Complainant and the Respondent will be afforded the ability to review the University Investigator’s Final Investigative Report.  The University Investigator will designate a reasonable time for this review by the parties, not to exceed five (5) calendar days.  

Administrative Review Board Proceeding

Within fourteen (14) calendar days of receipt of the University Investigator's Final Investigative Report, the Title IX Coordinator (or designee) will convene a meeting of an Administrative Review Board.  Prior to the meeting, members of the Administrative Review Board shall be furnished with a copy of the University Investigator's Final Investigative Report. The Complainant and the Respondent will also be afforded an opportunity to meet with the Administrative Review Board to make a brief statement and to answer any questions that the Administrative Review Board may have.

This Proceeding is an opportunity for the Complainant and the Respondent to address the Administrative Review Board in person. The parties may address any information in the Final Investigative Report.  The Administrative Review Board has the discretion to determine the specific meeting agenda. Both the Complainant and the Respondent are provided:

  1. the opportunity to be present at the Proceeding.
    1. Should the Complainant or Respondent fail to attend the scheduled Proceeding, the Proceeding will be held and a determination will be made despite his and/or her absence.
    2. An excused absence from University obligations, including academic courses, will be provided in order to attend the Administrative Review Board Proceeding.
    3. Both parties will have the opportunity to be present throughout the entire Administrative Review Board Proceeding. Either party may request alternative arrangements for participating in the Administrative Review Board Proceeding that do not require physical proximity to the other party, including participating through electronic means.
  2. the opportunity to have an advisor of choice to be present at the Administrative Review Board Proceeding.
    1. The advisor’s role is non-speaking.
    2. Advisors will not be permitted to make comments, pass notes, or otherwise disrupt the Administrative Review Board Proceeding.
    3. Advisors who are disruptive during the Administrative Review Board Proceeding may be required to leave.
    4. Breaks will be offered during the Administrative Review Board Proceeding for the Complainant and the Respondent to confer with their respective advisors in a location outside of the room where the Administrative Review Board Proceeding will be held. The scheduling and length of all breaks will be at the discretion of the Administrative Review Board.
  3. the opportunity to be heard and respond to any questions of the Administrative Review Board.
    1. The Administrative Review Board will communicate directly with the Complainant and the Respondent, not through any third party.
    2. A representative may not appear in the place of a Complainant or Respondent.
    3. Each party may submit questions in writing to the Administrative Review Board at the Proceeding for consideration to be asked to the other party by the Administrative Review Board.
    4. Any questions asked will be at the sole discretion of the Administrative Review Board.
  4. Neither the Complainant nor the Respondent will be permitted to engage in direct communication with each other before, during or immediately after the Administrative Review Board Proceeding.

Proceedings will be audio recorded by the Title IX Coordinator (or designee) and may not be recorded by anyone other than the Title IX Coordinator (or designee). The recording will be preserved for at least one year after the conclusion of the Proceeding or as long as necessary to provide evidence should the matter be referred to legal processes.

Determination

Within 10 (ten) calendar days following the Administrative Review Board Proceeding, the Administrative Review Board shall make a written determination as to whether, based on a preponderance of evidence, a violation of policy has occurred and which Administrative Outcomes, if any, shall be assigned.

The Respondent in the Administrative Resolution Process is presumed to be not responsible.  This presumption may be overcome only where the Administrative Review Board concludes that the Respondent violated University policy, based on a preponderance of the evidence. 

Assignment of Administrative Outcomes

Where there is a finding of responsibility for a violation of University policy, the Administrative Review Board may assign one or more Administrative Outcomes. 

The assignment of Administrative Outcomes is designed to eliminate sexual harassment, prevent its recurrence, and remedy its effects, while supporting the University’s educational mission.  The Respondent’s conduct record, including any past sexual misconduct, may be considered in determining the appropriate Administrative Outcome.

Administrative Outcomes may be assigned individually or in combination. Administrative Outcomes may include disciplinary action (i.e. Disciplinary Probation or dismissal from the University). Administrative Outcomes may include, but are not limited to, the following:

  • Written Warning
  • Participation in an Educational Program
  • Restorative Justice Conference 
  • Alcohol Assessment or Education
  • Substance Abuse Treatment
  • Psychological Assessment 
  • Ban from an Specific Location of Campus
  • Loss of Extra-Curricular Privileges
  • Loss of Specific Privileges within a Residential Community
  • Loss of Opportunity to Live in Campus Housing
  • No Contact Order
  • Disciplinary Action (as described below)
    • Disciplinary Probation: Defined as a specified period of observation and evaluation of a student’s conduct. Any violation of University or residence hall policy committed by a student on Disciplinary Probation is a serious violation and could result in dismissal from the University. A student placed on Disciplinary Probation may not participate in an international study abroad program or any other off-site University academic program during the period of probation.  
    • Dismissal with the Opportunity to Apply for Readmission: A separation from the University which provides the student an opportunity to apply for readmission after a specified period of time and after meeting all conditions specified at the time of dismissal.  An application to the University is required to seek readmission and readmission is not guaranteed. The University reserves the right to consider in its sole discretion, as a part of a student’s application for readmission, any unresolved and/or additional reports of alleged misconduct.
    • Permanent Dismissal: A permanent separation from the University with no opportunity for readmission.

Appeal

A Respondent found responsible for a violation(s) of University policy by the Administrative Review Board will be provided the opportunity to request an Appeal.  Likewise, a Complainant will be provided the opportunity to request an Appeal as described below.

Third parties may not file a request for Appeal on behalf of a Respondent or Complainant.  Failure to submit a request for Appeal within the time specified will render the Administrative Review Board’s determination final and conclusive.  Unless otherwise stated, if a request for Appeal is filed, the Administrative Review Board’s determination will not become effective until the Appeal process is complete.

The Vice President for Student Affairs will appoint an Appeal Coordinator to administer the Appeal process.  The Appeal process will generally be resolved within thirty (30) calendar days of receipt of the initial request for Appeal.  When extenuating circumstances necessitate additional time to resolve the Appeal, the parties will be notified via written notification.

As explained below, separate Appeal procedures exist for: (A) Administrative Resolution processes that result in a determination of not responsible or an Administrative Outcome other than Permanent Dismissal; and (B) Administrative Resolution processes that result in an Administrative Outcome of Permanent Dismissal.

A. Administrative Resolution processes that results in a determination of not responsible or an Administrative Outcome other than Permanent Dismissal

  1. Within seven (7) calendar days of being informed of an Administrative Review Board determination that results in a determination of not responsible or an Administrative Outcome other than Permanent Dismissal, a Complainant or Respondent may submit a request for Appeal via online form.
  2. When requesting an Appeal of a determination of not responsible or an Administrative Outcome other than Permanent Dismissal, a Complainant or Respondent must establish one or both of the following grounds for review:
  1. A procedural defect in the Administrative Resolution process which was substantial enough to have changed the determination.  The Complainant’s or Respondent’s request must describe the procedural defect in detail and explain how it would have been likely to change the determination; and/or
  2. The discovery of substantive new information that was unknown or unavailable to the Complainant or Respondent during the Administrative Resolution process and was substantial enough to have changed the determination.  The Complainant’s or Respondent’s request must describe the newly discovered information in detail, explain why the information was not available during the Administrative Resolution process, and explain how it would have been likely to change the determination.  Complainants or Respondents who fail to participate in the University Investigator’s investigation during the Administrative Resolution process generally will be deemed to have waived the opportunity to present witnesses and relevant information on their own behalf.  Such Complainants or Respondents may, typically, also be deemed to have waived the opportunity to present “substantive new information” through the Appeal process. 
  1. In Administrative Resolution processes that result in a determination of not responsible or an Administrative Outcome other than Permanent Dismissal, the severity of the assigned Administrative Outcome is not a legitimate ground on which to base a request for Appeal.
  2. After receiving a Complainant’s or Respondent’s request for Appeal, the Appeal Coordinator will provide the Complainant or Respondent receipt via written notification.
  3. Requests for Appeal are screened by the Appeal Coordinator.  Requests for Appeal that are not submitted by the communicated deadline, or that do not include required information concerning the ground(s) for review, may be closed by the Appeal Coordinator.
  4. A Complainant’s or Respondent’s request for Appeal that is submitted within the communicated deadline and that includes the required information concerning the ground(s) for review will be forwarded to the Vice President for Student Affairs or designee, the other party, and the Administrative Review Board.
  5. The other party will have the opportunity to provide a response to the request for Appeal via online form.  The other party’s response must be submitted within seven (7) calendar days of receipt of the notice of the request for Appeal.
  6. The Administrative Review Board will have the opportunity to provide a response to the Complainant’s or Respondent’s request for Appeal.  This response may include any information that the Administrative Review Board regards as relevant to the review.
  7. The Appeal Coordinator will forward the Complainant’s or Respondent’s request for Appeal to the Vice President for Student Affairs or designee, along with the case file and any responses from the other party and/or the Administrative Review Board.
  8. The decision to grant the Complainant’s or Respondent’s request for Appeal will be made by the Vice President for Student Affairs or designee, based on a review of the Complainant’s or Respondent’s request, the case file and, where applicable, any responses from the other party and/or the Administrative Review Board.  An Appeal of a determination of not responsible or an Administrative Outcome other than Permanent Dismissal will be granted only upon the Complainant’s or Respondent’s establishment of one or both of the grounds set forth in Section A.2 above, as determined by the Vice President for Student Affairs or designee.
  9. If the Vice President for Student Affairs or designee determines that the grounds have not been established to grant an Appeal, the Respondent and the Complainant will be notified via written notification by the Vice President for Student Affairs or designee.  Such a decision is final and not subject to further review.
  10. If the Vice President for Student Affairs or designee determines that a procedural defect occurred in the Administrative Resolution process which was substantial enough to have changed the determination, the case may be:
  1. remanded to the Administrative Review Board with specific instructions to correct the defect(s) and reconsider the case; or
  2. retained by the Vice President for Student Affairs or designee for a final decision.
  1. If the Vice President for Student Affairs or designee determines that the request contains substantive new information that was unknown or unavailable to the Complainant or Respondent during the Administrative Resolution process and was substantial enough to have changed the determination, the case will be remanded to the Administrative Review Board for disposition.

B. Administrative Resolution processes that result in an Administrative Outcome of Permanent Dismissal

  1. Within seven (7) calendar days of being informed of an Administrative Review Board determination that results in an Administrative Outcome of Permanent Dismissal, a Respondent may submit a request for Appeal via online form.
  2. When requesting an Appeal of an Administrative Outcome of Permanent Dismissal, a Respondent must establish one or more of the following grounds for review:
  1. A procedural defect in the Administrative Resolution process which was substantial enough to have changed the determination.  The Respondent’s request must describe the procedural defect in detail and explain how it would have been likely to change the determination;
  2. The discovery of substantive new information that was unknown or unavailable to the Respondent during the Administrative Resolution process and was substantial enough to have changed the determination.  The Respondent’s request must describe the newly discovered information in detail, explain why the information was not available during the Administrative Resolution process, and explain how it would have been likely to change the determination.  Respondents who fail to participate in the University Investigator’s investigation during the Administrative Resolution process generally will be deemed to have waived the opportunity to present witnesses and relevant information on their own behalf.  Such respondents may, typically, also be deemed to have waived the opportunity to present “substantive new information” through the Appeal process; and/or
  3. The assigned Administrative Outcome does not fall within the appropriate range of outcomes assigned for similar misconduct.
  1. After receiving a Respondent’s request for Appeal, the Appeal Coordinator will provide the Respondent receipt via written notification.
  2. Requests for Appeal are screened by the Appeal Coordinator.  Requests for Appeal that are not submitted by the communicated deadline, or that do not include required information concerning the ground(s) for review, may be closed by the Appeal Coordinator.
  3. A Respondent’s request for Appeal that is submitted within the communicated deadline and that includes the required information concerning the ground(s) for review will be forwarded to the Vice President for Student Affairs or designee, the Complainant, and the Administrative Review Board.
  4. The Complainant will have the opportunity to provide a response to the Respondent’s request for Appeal via online form.  The Complainant’s response must be submitted within seven (7) calendar days of receipt of the notice of the Respondent’s request for Appeal.
  5. The Administrative Review Board will have the opportunity to provide a response to the Respondent’s request for Appeal.  This response may include any information that the Administrative Review Board regards as relevant to the review.
  6. The Appeal Coordinator will forward the Respondent’s request for Appeal to the Vice President for Student Affairs or designee, along with the Respondent’s case file and any responses from the Complainant and/or the Administrative Review Board.
  7. The decision to grant the Respondent’s request for Appeal will be made by the Vice President for Student Affairs or designee, based on a review of the Respondent’s request, the case file and, where applicable, any responses from the Complainant and/or the Administrative Review Board.  An Appeal of an Administrative Outcome of Permanent Dismissal will be granted only upon the Respondent’s establishment of one or more of the grounds set forth in Section B.2 above, as determined by the Vice President for Student Affairs or designee.
  8. If the Vice President for Student Affairs or designee determines that the grounds have not been established to grant an Appeal, the Respondent and the Complainant will be notified via written notification by the Vice President for Student Affairs or designee.  Such a decision is final and not subject to further review.
  9. If the Vice President for Student Affairs or designee determines that a procedural defect occurred in the Administrative Resolution Process which was substantial enough to have changed the determination, the case may be:
  1. remanded to the Administrative Review Board with specific instructions to correct the defect(s) and reconsider the case; or
  2. retained by the Vice President for Student Affairs or designee for a final decision.
  1. If the Vice President for Student Affairs or designee determines that the request contains substantive new information that was unknown or unavailable to the Respondent during the Administrative Resolution process and the substantive new information was substantial enough to have changed the determination, the case will be remanded to the Administrative Review Board for disposition.
  2. If the Vice President for Student Affairs or designee determines that the assigned Administrative Outcome(s) does not fall within the appropriate range of assigned outcomes in similar cases of misconduct, the case may be:
  1. remanded to the Administrative Review Board with specific instructions to assign Administrative Outcomes that fall within the appropriate range of outcomes assigned in similar cases of misconduct; or
  2. retained by the Vice President for Student Affairs or designee for the assignment of a final Administrative Outcome(s).

Guidelines Related to Administrative Resolution Process

The following parameters provide guidelines for the Administrative Resolution process, as applicable. The University reserves the right to reasonably modify the Administrative Resolution Process based on a case-by-case basis due to the scope or complexity of the facts and circumstances at issue, or due to other extenuating circumstances. Any modifications will be communicated to both parties.

Timeframe

The University will seek to complete the Administrative Resolution process within sixty (60) calendar days following the Notice of Administrative Resolution. In some instances, that may be the same date as the date of the report; in other instances, based on information gathered in the initial assessment that may be at a later date. The 60 calendar day timeframe does not typically include academic break periods and may be affected by holidays or other extenuating circumstances. The University may extend any timeframe in this policy for good cause, including extension beyond 60 calendar days.  An extension may be required to ensure the integrity and thoroughness of the investigation; in response to the unavailability of the parties or witnesses; or for other legitimate reasons, such as the complexity of the investigation and/or the severity and extent of the alleged misconduct.  If the Administrative Resolution cannot be completed within the 60 calendar days, the Title IX Coordinator (or designee) will notify the parties in writing of any extension of the timeframes.

Investigator

The Investigator may be a University employee and/or an external investigator. Any Investigator will receive annual training on issues related to sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment.

Participation in the Administrative Resolution Process

All University community members are expected to provide truthful information in any report or proceeding under this policy. Providing deliberately false information and/or making an accusation in bad faith or with a view to personal gain or intentional harm to another in connection with an incident of sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment is prohibited and subject to disciplinary action. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated or no policy violation is found to have occurred.
 

Consolidation of Investigation

The Title IX Coordinator (or designee) has the discretion to consolidate multiple reports into a single investigation, where appropriate. Consolidation might involve multiple complainants and a single Respondent, multiple Respondents, and/or conduct that is temporally or logically connected.

Prior Sexual History

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.

Administrative Review Board

The Administrative Review Board will consist of three members drawn from a standing pool of committee members who are appointed by the Vice President for Student Affairs.  Each Administrative Review Board will consist of the Title IX Coordinator or designee, one student affairs professional, and one faculty member or administrator.  Students may not serve as members of the Administrative Review Board. All members of the Administrative Review Board will receive annual training on the University’s policies and procedures, on issues related to sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment, and on how to conduct fair and impartial proceedings that provides parties with notice and a meaningful opportunity to be heard.


Education Programs 

The University will provide the following education programs designed to promote the awareness of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment.

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 Administrative Outcomes or protective measures that the University may impose following a final determination of an Administrative Resolution Proceeding regarding allegations of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment;
  • the procedures that a Complainant should follow if a sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and/or conduct that creates a hostile environment has occurred;
  • the procedures for University disciplinary action (Administrative Resolution Proceeding) in cases of sexual assault, sexual misconduct, dating violence, domestic violence, stalking, conduct that creates a hostile environment, and/or discriminatory harassment has occurred;
  • 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.


The provisions of this document do not constitute a contract, express or implied, between the University of Notre Dame and any applicant, student, student's family, or faculty or staff member. The University of Notre Dame reserves the right to change the policies, procedures, rules, regulations, and information at any time.