Midwestern University may dismiss a complaint if:
- Midwestern University is unable to identify the respondent after taking reasonable steps to do so;
- The respondent is not participating in Midwestern University’s education program or activity and is not employed by Midwestern University;
- Midwestern University obtains the complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a complaint, and Midwestern University determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
- Midwestern University determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, Midwestern University will make reasonable efforts to clarify the allegations with the complainant.
Upon dismissal, Midwestern University will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then Midwestern University will notify the parties simultaneously in writing.
Midwestern University will notify the complainant that a dismissal may be appealed on the bases outlined in the Appeals section. If dismissal occurs after the respondent has been notified of the allegations, then Midwestern University will also notify the respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, Midwestern University will follow the procedures outlined in the Appeals section.
When a complaint is dismissed, Midwestern University will, at a minimum:
- Offer supportive measures to the complainant as appropriate;
- If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
- Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within Midwestern University’s education program or activity.