Midwestern University has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator. These grievance procedures address complaints that involve a student party.
Initiating an investigation of sex-based harassment or sexual misconduct:
The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that Midwestern University investigate and make a determination about alleged discrimination under Title IX:
A “complainant” which includes:
- A student or employee of Midwestern University who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
- A person other than a student or employee of Midwestern University who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in Midwestern University’s education program or activity;
- A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
- Midwestern University’s Title IX Coordinator.
Note that a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of 34 C.F.R. § 106.44(f)(1)(v).
Midwestern University may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.
To institute proceedings regarding allegations of sex-based harassment or sexual misconduct, the following procedures shall be followed:
- The nature of the complaint and related circumstances are to be reported, and submitted to the Dean of Students, as the Title IX Coordinator, at https://www.midwestern.edu/just-report-it.
- The complaint may remain informal should the reporting person (complainant) so choose, as long as the issue is of such a nature that does not warrant its escalation to a formal process (see 3 below) and both parties agree to an informal process. If the complaint remains informal and the complainant wishes to remain anonymous, then the goal of the informal investigation will be to stop the unwanted behavior. Should the informal complaint be deemed valid, the Title IX Coordinator will follow the process of dealing with grievances/complaints as is described in the Student Judicial section of the Student Handbook.
- A formal complaint must include the name of the involved student or employee (the respondent), the name and status of the complainant, and the nature of the alleged act(s). The University will investigate the allegations of a formal complaint and send written notices to both parties (complainants and respondents) of the allegations upon receipt of a formal complaint. The written statement may be sent to the respondent via the University email system or delivered in person. Should the respondent refuse or fail to accept delivery of the statement after a bona fide attempt is made to deliver, the requirement of notification will be considered to have been met. All correspondence related to the proceedings is confidential material. Correspondence to employees will be handled via Human Resources. If the allegations noted in a formal complaint do not meet the definition of sexual harassment or did not occur in the school’s education program or activity against a person in the United States, the University must dismiss such allegations for the purposes of Title IX, but may still address the allegations in any manner the University deems appropriate under the University Code of Conduct).
- Temporary suspension: Should a student action be of such a nature that it is felt that they must be relieved of their right to attend Midwestern University, the student may be temporarily suspended from the college on recommendation of the Dean of Students. Any temporary suspension may continue until such time as the issue in dispute is resolved under the process outlined below. Suspension of employees will be handled by Human Resources.
- Academic Adjustment: Should a student action be of such a nature that it is felt that they must be removed/separated from the complainant, such action will be taken, including reassigning lab/group/ rotation assignments and on-campus housing locations on the recommendation of the Dean of Students. Any temporary academic adjustment may continue until such time as the issue in dispute is resolved under the process outlined below.