A. Mandatory Dismissal
The University must dismiss a formal complaint, or any allegations therein, for the purposes of Title IX sexual harassment if the Title IX Coordinator determines that the conduct alleged:
- Would not constitute sexual harassment as defined in this policy, even if proven;
- Did not occur within the University's education program or activity; or
- Did not occur against a person in the United States.
Note: A mandatory dismissal under Title IX does not preclude the University from investigating and adjudicating the allegations under the standard University Student Code of Conduct.
B. Discretionary Dismissal
The University may dismiss a formal complaint, or any allegations therein, at any time during the investigation or hearing if:
- The complainant notifies the Title IX Coordinator in writing that they wish to withdraw the formal complaint or any specific allegations;
- The respondent is no longer enrolled at or employed by the University; or
- Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
C. Notice and Appeal of Dismissal
Upon any dismissal (mandatory or discretionary), the University will promptly send written notice of the dismissal and the specific reasons for the dismissal simultaneously to both parties. Either party may appeal a dismissal decision by following the procedures outlined in the Appeals section of this policy.
D. Provision of Support
Regardless of whether a complaint is dismissed from the formal Title IX process, the Title IX Coordinator will continue to offer and coordinate supportive measures for the complainant and respondent as appropriate.