Grievance and Adjudication Process

Title IX Grievance and Adjudication Process

The formal grievance process is the method of formal resolution designated by the University of Mount Union to address conduct that falls within the Policy for Equal Opportunity, Harassment, and Nondiscrimination for all Faculty, Students, Employees, and Third-Parties and which complies with the requirements of the Title IX regulations (34 CFR §106.45) and the Violence Against Women Act §304.  

The grievance process pool includes any investigators, hearing decision-makers, appeal decision-makers, and advisors who may perform any or all of these roles (though not at the same time or with respect to the same complaint). 

The hearing decision-maker refers to those who have decision-making and sanctioning authority within the University of Mount Union’s formal grievance process.

 

• What is the investigation process before the hearing?

  Before the hearing, there will typically be an investigation. This includes interviews, collection of evidence, and witness testimony. A member of the University’s Title IX Team will gather facts, and both parties are allowed to provide evidence.

  After the investigation, the school will issue a report that outlines the evidence, findings, and whether there is enough information to move forward with a hearing. The report will typically be shared with both parties ahead of time.

• How is a complaint referred for a hearing?

  Provided that the complaint is not resolved through informal resolution, once the final investigation report is shared with the parties, a member of the Title IX Team will refer the matter for a hearing.

  The hearing cannot be less than ten business days from the conclusion of the investigation – when the final investigation report is transmitted to the parties and the decision-maker – unless all parties and the decision-maker agree to an expedited timeline.

  The Title IX Team will select an appropriate decision-maker from the pool and provide a copy of the investigation report and the file of directly related evidence. Allegations involving student-employees in the context of their employment will be directed to the appropriate decision-maker depending on the context and nature of the alleged misconduct.

• What happens in a Title IX hearing?

  A Title IX hearing is a process that is part of the University of Mount Union’s investigation into an allegation of sexual harassment or assault. After a formal complaint is made, the University investigates to determine whether the respondent (the person accused) violated the institution's policies regarding sexual misconduct. The hearing is a critical stage where both parties – complainant (the person bringing the complaint) and respondent – are given the chance to present evidence, call witnesses, and argue their case.

  Hearing Format
  The format can vary depending on the school, but in many cases, there is a live hearing during which both the complainant and respondent can present evidence, ask questions, and give testimony.

  Cross-Examination
  Under new federal regulations, the complainant and respondent may not question each other directly, but their advisors (which could be lawyers) can conduct cross-examination.

  Decision-Making
  A panel of trained decision-makers will assess the evidence presented during the hearing and decide whether the school’s sexual harassment policies were violated. The standard of proof is usually “preponderance of the evidence” (i.e., more likely than not that the alleged incident occurred).

• What are your rights in a Title IX hearing?

  Both the complainant and respondent have certain rights during a Title IX hearing, including:

  • Right to be informed: Both parties are entitled to be notified of the investigation’s progress and the findings.
  • Right to an advisor: Both the complainant and respondent have the right to have an advisor, who can be an attorney, present at the hearing. In some cases, the advisor can cross-examine witnesses or the other party.
  • Right to present evidence: Both parties can present relevant evidence and call witnesses.
  • Right to a fair hearing: The hearing process should be impartial and fair. The decision-makers (e.g., hearing panel members) must not have conflicts of interest or bias.
  • Right to privacy and confidentiality: In some cases, students may be able to request confidentiality or accommodations to protect their privacy during the hearing.
  • Right to appeal: If either party disagrees with the outcome, they may have the right to appeal the decision to a higher authority within the institution.
• What is the standard of proof?

  In a Title IX hearing, the standard of proof is typically lower than in a criminal court. Instead of "beyond a reasonable doubt," the standard used is “preponderance of the evidence,” meaning that the school determines whether it’s more likely than not that the misconduct occurred.

• What are the possible outcomes?

  If the hearing panel finds that a violation occurred, consequences can vary widely depending on the severity of the offense and the institution's policies. These can include the following.

  Student Sanctions
  The following are the common sanctions that may be imposed upon students or organizations singly or in combination:

  • Warning
  • Loss of privileges
  • Educational sanctions (such as seeking counseling or substance abuse screening, writing a letter of apology, etc. 
  • Educational program (requirement to attend, present, and/or participate in a program related to the violation)
  • Restriction privileges
  • Housing
  • University probation
  • Suspension
    
    

  Employee Sanctions
  The following are the common sanctions that may be imposed upon employees singly or in combination:
  

  • Warning – verbal or written
  • Performance improvement plan/management process
  • Enhanced supervision, observation, or review
  • Required counseling
  • Required training or education
  • Probation
  • Denial of pay increase/pay grade
  • Suspension/administrative leave without pay
• What is the appeals process?

  Any party may submit a written request for appeal (“Request for Appeal”) to the Title IX Team, within five days of the delivery of the Notice of Outcome.

  A single appeal decision-maker will chair the appeal. No appeal decision-maker will have been previously involved in the resolution process for the complaint, including any dismissal appeal that may have been heard earlier in the process.

  The request for appeal will be forwarded to an appeal decision-maker (who will not hear the appeal) for consideration to determine if the request meets the grounds for appeal (a review for standing).

  This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

  Grounds for appeal are limited to the following grounds:

  • Procedural irregularity that affected the outcome of the matter
  • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter
  • The members of the Title IX Team, investigator(s), or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the specific complainant or respondent that affected the outcome of the matter
• What should someone expect as a complainant?

  As a complainant (the person bringing the complaint), you will be asked to share your experience and present evidence. It can be an emotionally charged process, and students should take care of their emotional well-being. Colleges may provide resources, including counseling or support groups. It’s also important to understand that retaliation for filing a complaint is prohibited under Title IX.

• What should someone expect as a respondent?

  As the respondent (the person accused), you will have the opportunity to present your side of the story and provide evidence that supports your innocence. It’s important to have an advisor to help navigate the legal and procedural aspects of the hearing. Respondents should be prepared to defend themselves, as consequences of a finding of responsibility can be serious.

• How can someone seek support and resources?

  Both complainants and respondents should seek support from the following resources.

  Campus Resources

  • Alcohol, Drug and Wellness Education (330) 829-6660
  • Counseling Services  (330) 823-2886
  • Mount Union Office of the Chaplain (330) 823-2838\

  
  Advisors and Legal Counsel
  It’s highly advisable to have an advisor (that could be a lawyer) for guidance through the process.

  
  External Resources

  • Alliance Rape Crisis Center  (330) 452-1111
  • Various advocacy organizations, such as the National Women's Law Center or the ACLU, provide helpful information about Title IX.
• What about confidentiality and privacy?

  While the University must follow due process, there are limitations to how much information can be shared. Both parties' confidentiality should be respected, but students should be aware that once a Title IX hearing process is triggered, there will likely be a sharing of information with certain school officials and personnel.

  The University of Mount Union will maintain the confidentiality of the supportive measures, provided that privacy does not impair the University of Mount Union’s ability to provide the supportive measures. The University of Mount Union will act to ensure as minimal an academic/occupational impact on the parties as possible. The University of Mount Union will implement measures in a way that does not unreasonably burden the other party.

  These actions may include, but are not limited to:

  • Referral to counseling, medical, and/or other healthcare services
  • Referral to the Employee Assistance Program (Impact Solutions)
  • Altering campus housing assignment(s)
  • Altering work arrangements for employees or student-employees
  • Providing campus safety escorts
  • Implementing contact limitations (no contact orders) between the parties
  • Class schedule modifications, withdrawals, or leaves of absence
  • Any other actions deemed appropriate by the members of the Title IX Team
• What is the timing of the process?

  The University of Mount Union will make a good faith effort to complete the resolution process within a 60 to 90 business daytime period, including appeal if any, which can be extended as necessary for appropriate cause by the members of the Title IX Team, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.

  Navigating a Title IX hearing can be overwhelming, whether you are the complainant or the respondent. Understanding the process and your rights is essential to ensure a fair and equitable hearing. Don’t hesitate to seek out support and resources – whether on campus or through outside organizations – to help guide you through the process.