Title IX vs Equity Process

600.010 pertains to Equity complaints. These are complaints of discrimination or harassment based on:
  • An individual’s race
  • Color
  • National origin
  • Ancestry
  • Religion
  • Sexual orientation
  • Age
  • Disability
  • Protected veteran status
  • Sex discrimination as defined in 600.010
  • Any other status protected by law


Sex discrimination under 600.010 means sexual harassment that falls outside the definition of sexual harassment under 600.020, and includes workplace sexual harassment and sex discrimination that does not involve conduct of a sexual nature.

Jurisdiction of the University under this policy is limited to conduct which occurs on University premises, or at University-sponsored or University-supervised functions. However, the University may take action for conduct occurring in other settings, including off-campus under certain circumstances. 

600.020 applies to sexual harassment occurring in an education program or activity of the University against a person in the United States.

“Sexual Harassment” under 600.020 means conduct on the basis of sex that is:

  • Quid pro quo
  • Hostile environment
  • Sexual assault
  • Dating Violence
  • Domestic violence
  • Stalking

Jurisdiction of the University under this policy is limited to sexual harassment which occurs in an education program or activity of the university against a person in the United States. Jurisdiction does not extend nor apply to sexual harassment occurring outside of the United States, even where the conduct occurs in an education program or activity of the University.

Resolution Processes

For conduct falling under 600.010, the Resolution Process is either 600.040 or 600.050.

600.040: For complaints of discrimination or harassment against a faculty member, student or student organization. This resolution process includes conflict resolution, administrative resolution, and the hearing panel process.

600.050: For complaints of discrimination or harassment against a staff member or the University. This resolution process includes conflict resolution and administrative resolution. 

For conduct falling under 600.020, the Resolution Process is 600.030. 

600.030:  The Resolution Process for complaints of sexual harassment under Title IX.

This process is available to students and all employees who are named as Respondents.

Under this process, Parties have a right to a hearing with cross-examination and other questioning conducted by Advisors.

The decision-maker for the hearing process is a hearing panel consisting of a Hearing Officer and two individuals randomly chosen from the Equity Resolution Hearing Panel Pool. A good faith attempt will be made for the Hearing Panel to include at least one faculty member and one administrator/staff member. For more information see our Hearing Panelist page.

Making a Report and Preliminary Contact Under Title IX (600.030)

Students, employees, volunteers and visitors of the university who have experienced any form of sex discrimination, including sexual harassment or sexual misconduct, are encouraged to report the incident promptly to the Title IX CoordinatorCR&R 600.020(E)(1)

Any employee of the university who becomes aware of sex discrimination as defined in this policy (including sexual harassment, sexual misconduct, stalking on the basis of sex, dating/intimate partner violence or sexual exploitation) is a mandated reporter, regardless of whether the recipient of the behavior is a student, employee, volunteer or visitor of the university. CR&R 600.020(E)(2)

The Complainant is the individual who is alleged to be the victim of the conduct that could constitute as sexual harassment. 

Upon receiving a report of sexual harassment, the Title IX Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures with or without the filing of a Formal Complaint, and explain the process for filing a Formal Complaint.

Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Resondent before or after the filing of a Formal Complaint, or where no Formal Complaint has been filed. They are designed to restore or preserve equal access to the University's education program or activity without unreasonably burderning either Party.

Formal Complaints

In order to move forward under 600.030 with an investigation, a Formal Complaint must be filed.
A Formal Complaint is a written 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 of sexual harassment. 

A Formal Complaint shall be dismissed if:

  • The conduct alleged would not constitute sexual harassment under 600.020 even if proved;
  • The conduct alleged did not occur in an education program or activity of the University; or
  • The conduct alleged did not occur against a person in the United States.

A Formal Complaint may be dismissed if:

  • The Complainant notifies the Title IX Coordinator that they would like to withdraw the Formal Complaint or any allegations therein;
  • The Respondent is no longer enrolled or employed by the University; or
  • Specific circumstances prevent the University from gathering evidence sufficient to reach a determination. 

Upon receipt of a Formal Complaint, a Notice of Allegations will be sent to the Parties involved. The Notice includes:

  • A description of the University's Title IX process.
  • Notice of the allegations of sexual harassment, including sufficient details known at the time.
  • A statement that the Respondent is presumed not responsible for the alleged conduct, and that a determination regarding responsibility is made at the conclusion of the Title IX process. 
  • Notice of both Parties' right to have an Advisor of their choice at the hearing, who may, but is not required to be, an attorney. 

Both Parties involved in the investigate process have the following rights:

  • To be treated with respect and to be free from retaliation.
  • To have access to University support resources.
  • To request a no-contact directive between the Parties.
  • To have a support person of their choice accompany them to all interviews and meetings, excluding the hearing unless the support person is also the Advisor to the Party.
  • To receive an investigative report that fairly summarizes the relevant evidence.
  • To have an opportunity to present a list of potential witnesses and provide evidence to the Investigator.
  • To be informed of the finding, rationale, sanctions and remedial actions.
  • To have an opportunity to appeal the dismissal of all or a portion of a Formal Complaint, and appeal the determination of a Hearing Panel or other decision-maker. 

Under the investigative process each party is allowed one Support Person of their choice to be present for all interviews and meetings. The selected Support Person may act as the Party's Advisor.

The University offers Trained Support Person(s): administrators, faculty, or staff training on the Title IX process. Any student who is a Party may request to have a Trained Support Person assigned to them. 

Each party may have an Advisor of their choice at the hearing to conduct all cross-examination and other questioning for that Party. The Advisor may, but is not required to be, an attorney. 
If a Party does not have an Advisor of their choice at a hearing, the University is required to provide an Advisor of the University's choosing, at no cost to the Party, to conduct all cross-examination and questioning on behalf of that Party. 

Investigation and Resolution

Upon receipt of a Formal Complaint the Title IX Coordinator will promptly appoint a trained investigator to investigate the allegations of sexual harasmment. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the University. The final investigative report will fairly summarize the relevant evidence; all investigations will be thorough, reliable and impartial. 

During the investigative process no person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under the policies. Under 600.040 and 600.050, employees are required to cooperate with University Officials in proceedings involving discrimination or harassment other than sex discrimination. The exercise of rights protected under the First Amendment does not constitute prohibited retaliation.

Under 600.030 the investigative process may end with an Informal Resolution. A Party's decision to engage in Informal Resolution must be voluntary, informed, and in writing. It requires a neutral facilitator to engage the Parties in a mediation, or facilitated dialogue. Both Parties have the right to withdraw from the process any time prior to agreeing to a final resolution. 

There are also Administrative Resolutions, a type of Informal Resolution under 600.030. In this resolution the decision-maker is the Title IX Coordinator, except for Faculty Respondents where the final decision-maker is the Provost. Standard of proof is the preponderance of the evidence. Parties may withdraw at any time prior to the rendering of the decision and Parties may appeal from the decision.

Hearing Panel processes may be used to resolve both Title IX (600.030) and Equity (600.040) processes when a specific complaint is not resolved through an alternate resolution process. Hearing Panelists are selected from a pool of individuals trained annually for this role. Reccomendations or determinations regarding responsibility, sanctions and remedial actions will require a majority vote by the Hearing Panel. For more information see our Hearing Panel page.