Method of Resolution: Formal Process

If the complainant chooses to follow a formal process, the Title IX Coordinator will set in motion the process below, including a formal live hearing. Both the complainant and the respondent have the right to have an advisor present during all discussions/meetings/interviews/proceedings. The University can provide an advisor upon a student’s request. Students may choose to have a lawyer as their advisor.

1. Midwestern University will not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding.
2. Midwestern University may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties.

The burden is on Midwestern University—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

Midwestern University will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

Midwestern University will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

Midwestern University will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

Midwestern University will provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner:

1. Midwestern University will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence.
2. Midwestern University will provide a reasonable opportunity to review and respond to the evidence or the investigative report. If a live hearing is conducted as part of the grievance procedures, Midwestern University will provide an opportunity to review the evidence in advance of the live hearing.
3. Midwestern University will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.

Questioning the Parties and Witnesses:

Midwestern University will provide a process that enables the hearing officer or decision maker to question parties and witnesses in person or via MS Teams to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment.

When a live hearing is conducted, Midwestern University’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will allow the hearing officer or decisionmaker to ask such questions, and either:

1. Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the hearing officer or decisionmaker, subject to the procedures for evaluating and limiting questions discussed below; or
2. Allow each party’s advisor to ask any party or witness such questions, subject to the procedures for evaluating and limiting questions discussed below. Such questioning will never be conducted by a party personally.

Procedures for the hearing officer or decisionmaker to evaluate the questions and limitations on questions:

The hearing officer or decisionmaker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The hearing officer or decisionmaker will give a party an opportunity to clarify or revise a question that the hearing officer or decisionmaker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.

Refusal to respond to questions and inferences based on refusal to respond to questions:

The decisionmaker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The decisionmaker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

Procedures for a live hearing:

Midwestern University will conduct the live hearing with the parties physically present in the same geographic location or, at Midwestern University’s discretion or upon the request of either party, will conduct the live hearing with the parties physically present in separate locations with technology enabling the hearing officer or decisionmaker and parties to simultaneously see and hear the party or witness while that person is speaking.

Midwestern University will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review.

Determination Whether Sex-Based Harassment Occurred:

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, Midwestern University will:

1. Use the standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
2. Notify the parties simultaneously in writing of the determination whether sex-based harassment occurred under Title IX including:
   1.  A description of the alleged sex-based harassment;
   2. Information about the policies and procedures that Midwestern University used to evaluate the allegations;
   3. The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred;
   4. When the decisionmaker finds that sex-based harassment occurred, any disciplinary sanctions Midwestern University will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by Midwestern University to the complainant, and, to the extent appropriate, other students identified by Midwestern University to be experiencing the effects of the sex-based harassment; and
   5. Procedures and permissible bases for the complainant and respondent to appeal.
3. Midwestern University will not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the respondent engaged in prohibited sex discrimination.
4. If there is a determination that sex discrimination occurred, as appropriate, the Title IX Coordinator will:
   1. Coordinate the provision and implementation of remedies to a complainant and other people Midwestern University identifies as having had equal access to Midwestern University’s education program or activity limited or denied by sex discrimination;
   2. Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
   3. Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Midwestern University’s education program or activity.
5. Comply with the Title IX grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
6. Not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

Any sanctions that are made will be in accordance with the Student Judicial System (Sanctions) section of the Student Handbook. A copy of the Title IX Coordinator or Deputy Coordinator’s initial investigation and all information obtained as part of the live hearing will be recorded and summarized in written format. A copy of all of the above stated information will be part of the Title IX records maintained by the Dean of Students/Title IX Coordinator. In a joint investigation with Human Resources which involves a University employee, a copy of the investigation and all supporting evidence will also be submitted to the Vice-President of Human Resources. If the allegations against an employee are confirmed by the Decision Maker, the Human Resources Department will impose the appropriate sanction per Human Resource policy.

When the respondent is a student, within 5 business days (depending on reasonable circumstances) after making a decision and determining a course of action (sanctions) the Decision Maker (appropriate Academic Dean) will notify the respondent in writing of their decision including, if applicable, any disciplinary action. Any disciplinary action must conform to the Student Judicial System section of the Student Handbook. A copy of the Academic Dean’s decision must be sent to the Dean of Students/Title IX Coordinator for record keeping. The complainant (student or employee) reporting the violation will also be notified, in writing, of the outcome of the investigation.

The Vice-President of Human Resources will notify the respondent employee in writing of disciplinary action. The complainant will also be notified, in writing, of the outcome of the investigation. The total investigation should be completed within what would be considered a reasonably prompt amount of time, depending on the circumstances.

The determination regarding responsibility becomes final either on the date that Midwestern University provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

Appeal Process:

Both the complainant reporting the incident and the respondent have the right of appeal to the Provost of the University. If the respondent or the complainant does not accept the Decision Maker’s (Academic Dean/Vice- President of Human Resources’) decision, the respondent/complainant may appeal to the Provost within 5 business days of notification of the Decision Maker’s (Academic Dean/Vice-President’s) decision, by submitting a written statement containing the basis and reasons for the appeal including all relevant facts. Appeals can be made on the following bases:

1. Procedural irregularity that would change the outcome;
2. New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
3. The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

The Provost will review all relevant information from the investigation and the transcript and/or the recording of the live hearing. The Provost will act upon the appeal by (a) confirming the original decision, (b) altering any sanctions imposed, or (c) requesting the respondent/complainant, the Title IX Coordinator, and/or the applicable Academic Dean/Vice-President of Human Relations to submit additional information prior to rendering a decision.

If a party appeals a dismissal or determination whether sex-based harassment occurred, Midwestern University will:

1. Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
2. Implement appeal procedures equally for the parties;
3. Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
4. Ensure that the decisionmaker for the appeal has been trained pursuant to Title IX regulations;
5. Communicate to the parties in writing that Midwestern University will provide the parties with a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
6. Notify the parties in writing of the result of the appeal and the rationale for the result.

Any additional procedures or bases for appeal Midwestern University offers will be equally available to all parties.

The final decision rests with the Provost. A copy of the Provosts decision will be sent to the Senior Vice President of Human Relations and the Title IX Coordinator for inclusion in the student’s/employee’s disciplinary file.

Recordkeeping in Conduct Matters:

Records of the above proceedings shall be kept in accordance with the following guidelines

1. All records related to disciplinary investigations/actions against students are managed by the Office of the Title IX Coordinator (Dean of Students).
2. All records related to disciplinary investigations/actions/appeals are maintained in perpetuity.
3. A student may see any and all records related to their disciplinary investigation/action/appeal in accordance with the college regulations concerning inspection of records as spelled out in Guidelines for Access to and Disclosure of Educational Records Maintained by Midwestern University.
4. The University will disclose to the complainant the results of any disciplinary hearing conducted by the University against the respondent. If the complainant is deceased as a result of the crime or offense, the University will provide the results of the disciplinary hearing to the complainant’s next of kin, if so requested.