Sex Discrimination and Sex-Based Harassment Resolution Process
The ESU Sex Discrimination and Sex-Based Harassment Resolution Process
The federal Title IX regulations mandate that the University provides a fair and equitable process to resolve allegations of sex discrimination and sex-based harassment promptly and accurately that also provides due process protections to both parties involved.
The process can be "formal" and entail an investigation and formal hearing, or "informal" using methods such as mediation or restorative justice. The "formal" process starts when a complaint is filed with the Title IX Office. The "informal" process starts if both parties involved in an incident agree to attempt to informally resolve the issue. Both processes are explained in detail in the ESU Sex Discrimination and Sex-Based Harassment Policy.
Please note that making a report is different than filing a complaint.
Report - A report is defined as notification of an incident of sex discrimination or sex-based harassment to the Title IX Coordinator or Deputy Title IX Coordinator by any person. A report may be accompanied by a request for:
(1) Supportive measures
(2) No further action
(3) Filing a complaint; and/or
(4) A request to initiate an informal resolution process, if available.
A report is different than a complaint. Filing a complaint starts the University’s investigation process. Making a report does not start the investigation process.
Note: When the Title IX Office receives a report, the Title IX Coordinator contacts the affected party, offers supportive measures, explains the process, discusses their rights and options, and answers any questions they may have. The affected party decides if and how they would like to proceed.
Complaint - A verbal or written request to the University that objectively can be understood as a request for the University to investigate and make a determination of responsibility about alleged sex discrimination or sex-based harassment under Title IX. When a party files a complaint, they are the referred to as the "Complainant". And the party that is the subject of the complaint is referred to as the "Respondent".
The resolution process is explained in detail in the ESU Sex Discrimination and Sex-Based Harassment Policy. However, a general overview of the formal and informal processes is depicted below.
- If a Complainant Requests the INFORMAL RESOLUTION Process ...
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Parties who do not wish to proceed with an investigation and formal hearing, and instead seek the University’s assistance to resolve allegations of Title IX covered misconduct, may elect to enter the informal resolution process. This option tends to be less time intensive than an investigation and live hearing, while still affording students an opportunity to actively participate in a process led by the University for resolution of an issue.
Both parties must agree for the informal resolution process to be used. Note: the informal resolution process may not be used in a case where a student alleges that an employee subjected them to sex discrimination or sex-based harassment.
Both parties have the right to an advisor to support them throughout the process. Advisors may accompany a party to any meeting or hearing they are required or eligible to attend to support the party. Advisors may not speak for the party.
- Informal Resolution Process: Methods
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Mediation: The purpose of mediation is for the parties who are in conflict to identify the implications of a student’s actions and, with the assistance of a trained facilitator, identify points of agreement and appropriate remedies to address them.
Restorative Justice: A restorative justice conference is a dialogue enabled by a facilitator (with requisite training) intended to restore relationships and repair harm after a conflict has occurred. Both the responsible party and the individuals affected by the conflict come together to identify what harm was caused and collaboratively determine how conflict may be resolved and trust might be repaired.
- Informal Resolution Process: Resolution
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Either party may elect to leave the informal resolution process at any point until the process is concluded. If a party elects to leave the informal resolution process, the formal resolution process (investigation and hearing) resumes or begins (if a complaint is filed).
If the informal resolution process results in an agreement between the two parties, the resolution process will conclude. The Title IX Office will monitor adherence to the agreement and close the matter when compliance is satisfactory. Once a final resolution has been reached, documented and signed by all parties, the resolution cannot be appealed.
- If a Complainant Requests the FORMAL RESOLUTION Process ...
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After receiving a complaint, the Investigator(s) will perform an investigation of the alleged misconduct under a reasonably prompt timeframe following issuance of a Notice of Allegations.
Both parties have the right to an advisor to support them throughout the process. Advisors may accompany a party to any meeting or hearing they are required or eligible to attend to support the party. Advisors may not speak for the party.
- Formal Resolution Process: Notice of Allegations
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The Title IX Coordinator will provide a written Notice of Allegations to the Respondent. Such notice will occur as soon as practicable, but no more than 10 days after the University receives a complaint if there are no extenuating circumstances.
The Notice of Allegations includes the information contained in the complaint, the Respondent's due process rights and options under the policy, and other procedural information.
- Formal Resolution Process: Investigation
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Investigators conduct investigative interviews and collect evidence. The Investigators will create a final Investigative Report that fairly summarizes relevant and not otherwise impermissible evidence. The Investigative Report is not intended to catalog all evidence obtained by the Investigators. The Investigative Report will be shared with the parties and their advisors at least 10 days prior to any hearing for their review. The parties will be able to provide any response to the Investigative Report at the hearing if they wish.
- Formal Resolution Process: Hearing
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Each party and their advisor will meet with the Title IX Coordinator and the Director of Student Conduct and Community Standards no less than 10 days prior to the hearing. They will discuss hearing procedures, rules of decorum, and answer any questions the party may have about the hearing.
After the start of the hearing, both parties will be given the opportunity to provide opening statements. During the hearing the Decision Makers will ask questions of the parties and witnesses. The parties will also be given the opportunity to question (through the Decision Makers) the other party and witnesses during the hearing.
If there are no extenuating circumstances, the determination regarding responsibility will be issued by the University within 10 days of the completion of the hearing.
- Formal Resolution Process: Appeal Process
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A party may appeal the dismissal of a complaint (or any allegations in the complaint) or a determination of responsibility on certain grounds identified in the ESU Sex Discrimination and Sex-Based Harassment Policy.
The determination regarding responsibility becomes final either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.
Contact Us
Contact Information
- Campus Address
- Sycamore Suites, Lower Level, 011
- Phone:
- (570) 422-2277
- Title of Department Leader
- Equal Opportunity and Title IX Coordinator
- Name
- Christopher S. Bean
- E:
- titleixreport@esu.edu