Midwestern University will treat complainants and respondents equitably.
Midwestern University requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Under no circumstances may the decision-maker be the same individual as the Title IX Coordinator or the investigator assigned to the case. The same impartiality requirement applies to any person facilitating informal resolution. Title IX Coordinators, investigators, decisionmakers, and informal-resolution facilitators will receive the training required by 34 C.F.R. § 106.45(b)(1)(iii), including relevant role-specific training on investigations, hearings, appeals, relevance, live-hearing technology, and avoidance of prejudgment, conflicts, bias, and sex stereotypes.
Grievance Timeframes and Extensions: The University will make every effort to resolve formal complaints within a reasonably prompt timeframe (typically 60 to 90 calendar days for the overall process). The parties may file an appeal within 10 business days after receiving the written determination or dismissal; the University ordinarily will resolve appeals within 30 calendar days after the appeal submission period closes and informal resolutions within 30 calendar days after consent, subject to complexity and the parties' availability. Temporary delays or limited extensions are permitted for good cause, including absence of a party, advisor, or witness; concurrent law-enforcement activity; or a need for disability accommodation or language assistance. The University will give both parties written notice of the delay or extension and the reasons for it. The mandatory evidence-review periods below will not be shortened.
Mandatory Evidence Review Windows: To ensure full due process, the following mandatory timelines apply to the investigation phase and cannot be shortened:
- 10-Day Preliminary Review: Prior to completion of the investigative report, the University will send to each party and their advisor all evidence directly related to the allegations. The parties must be granted at least 10 days to submit a written response, which the investigator will consider before finalizing the report.
- 10-Day Final Report Review: The investigator will send the finalized investigative report to each party and their advisor at least 10 days prior to a live hearing for their review and written response.
Midwestern University will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures; however, Midwestern University cannot guarantee absolute anonymity or privacy where certain information is required to faithfully execute the grievance process. Midwestern University will, however, attempt to disclose the minimum necessary to faithfully execute the grievance process. These steps will not restrict the ability of the parties to obtain and present evidence, including
by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.
The investigator and decisionmaker will objectively evaluate all relevant evidence, including inculpatory and exculpatory evidence. Credibility determinations will not be based on a person's status as complainant, respondent, or witness. Evidentiary restrictions will be applied as provided in 34 C.F.R. § 106.45(b)(1)(x), (b)(5)(i), and (b)(6)(i); those restrictions do not eliminate the parties' right to inspect evidence directly related to the allegations under § 106.45(b)(5)(vi).
The University will apply the following specific evidentiary limitations. These limitations will not be expanded to exclude otherwise directly related evidence merely because the University does not intend to rely on that evidence:
- Questions or evidence protected by a legally recognized privilege will not be required, allowed, relied upon, or otherwise used unless the person holding the privilege has waived it. A University designation of an employee as a confidential resource does not, by itself, establish a legally recognized privilege.
- The University will not access, consider, disclose, or otherwise use a party's treatment records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in that capacity, or assisting in that capacity, unless it obtains that party's voluntary, written consent (or the legally required parent consent where applicable). See 34 C.F.R. § 106.45(b)(5)(i).
- At a live hearing, questions and evidence concerning the complainant's sexual predisposition or prior sexual behavior are not relevant unless offered to prove that someone other than the respondent committed the alleged conduct, or unless they concern specific incidents of the complainant's prior sexual behavior with the respondent and are offered to prove consent. The existence of prior consensual sexual conduct does not, without more, establish consent to the conduct at issue. See 34 C.F.R. § 106.45(b)(6)(i).