Midwestern University has adopted grievance procedures for the prompt and equitable resolution of formal complaints of sexual harassment as defined in 34 C.F.R. § 106.30. These procedures apply to formal Title IX complaints involving student or employee complainants or respondents, including faculty, within the jurisdiction of the 2020 Title IX regulations as recodified in 2026. Other sex-discrimination or sexual-misconduct complaints may be addressed under the University's other applicable procedures.
Initiating an investigation of sexual harassment:
A 'formal complaint' is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the University investigate the allegation. A complainant may file by providing a physical or digital signature or otherwise indicating that the complainant is the person filing the complaint. See 34 C.F.R. § 106.30.
At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of Midwestern University.
For purposes of these procedures, the following principles apply to the identity and representation of the complainant:
- A 'complainant' is an individual alleged to be the victim of conduct that could constitute sexual harassment under Title IX; the individual need not be a student or employee in every case.
- A parent, guardian, or other legally authorized representative may exercise rights on behalf of a complainant to the extent permitted by law, but does not thereby become the complainant.
The Title IX Coordinator may also initiate a formal complaint by signing it, which triggers the formal grievance process even if the complainant chooses not to sign.
Midwestern University may consolidate formal complaints alleging sexual harassment against more than one respondent, by more than one complainant against one or more respondents, or by one party against another party when the allegations of sexual harassment arise out of the same facts or circumstances. References to a party, complainant, or respondent include the plural, as applicable.
To institute proceedings regarding allegations of sexual harassment, the following procedures shall be followed:
- Reports may be submitted to the campus Title IX Coordinator in person, by mail, telephone, or email using the published Title IX contact information, or through https://www.midwestern.edu/just-report-it. A report is not required to be submitted through the portal; formal complaints may be filed through any means authorized under 34 C.F.R. § 106.30.
- The University cannot facilitate an informal resolution process unless a formal complaint has been officially filed. At any time prior to reaching a final determination regarding responsibility, the University may offer the parties a voluntary informal resolution process (such as mediation), provided both the complainant and respondent give voluntary, written consent to participate. The University will not facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
- A formal complaint must be filed by the complainant with an appropriate physical or digital signature or other indication of filing, or signed by the Title IX Coordinator, and must allege sexual harassment against a respondent and request an investigation. Upon receipt, the University will provide both known parties written notice that meets 34 C.F.R. § 106.45(b)(2). The University will protect information as appropriate under applicable law, but will not impose a blanket confidentiality prohibition that prevents a party from discussing the allegations or gathering and presenting relevant evidence. Employee correspondence may be coordinated through Human Resources. If the alleged conduct would not constitute sexual harassment under 34 C.F.R. § 106.30 even if proved, did not occur within the University's education program or activity, or did not occur against a person in the United States, the University must dismiss that allegation for Title IX purposes, without preventing action under another applicable University policy.
- Emergency Removal: The University may remove a respondent from its education program or activity on an emergency basis only after an individualized safety and risk analysis determines that an immediate threat to the physical health or safety of a student or another individual arising from the alleged sexual harassment justifies removal. The respondent will receive notice and an opportunity to challenge the removal immediately following the removal. The University may place a non-student employee respondent on administrative leave during a pending grievance process, subject to applicable disability, employment, and other legal protections. See 34 C.F.R. § 106.44(c)-(d).
- Supportive Measures: The Title IX Coordinator is responsible for coordinating their effective implementation. These are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after a formal complaint or when no formal complaint has been filed. Measures are designed to restore or preserve equal access to the University's education program or activity without unreasonably burdening the other party, to protect safety, or to deter sexual harassment. They may include counseling, schedule or rotation adjustments, housing changes, campus escorts, and mutual restrictions on contact. The University will maintain the confidentiality of supportive measures to the extent doing so does not impair implementation. Upon receiving actual knowledge of sexual harassment in its education program or activity against a person in the United States, the Title IX Coordinator will promptly contact the complainant to discuss available supportive measures, consider the complainant's wishes, explain their availability with or without a formal complaint, and explain the process for filing a formal complaint. See 34 C.F.R. §§ 106.30 and 106.44(a).